DEVASSYKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellant was found guilty by the Additional Sessions Court, N. Paravur for the offence punishable u/S. 302 I.P.C. and was sentenced to undergo imprisonment for life. The conviction and sentence are challenged in this appeal.

(2.) Deceased Rosa is the paternal aunt of the appellant Devassykutty. Deceased Rosa was staying with her brother, though she was keeping a separate hearth. The appellant married a women of Jacobite sect and was residing in an adjacent house close to the family house. On 19-4-91, appellant came to the house of deceased Rosa while the latter was holding water in an earthen pot. According to the prosecution appellant smashed the earthen pot and picked up quarrel with deceased Rosa. Rosa hurted abusive words against the appellant. Appellant assaulted the deceased, kicked and fisted her. Deceased fell on the ground and the appellant continued to stamp on her body. PW-2 and others intervened and tried to dissuade the appellant from killing the deceased, but the appellant gave fatal kicks on the abdomen and chest of the deceased. Deceased fell motionless on the ground and the appellant left the place.

(3.) PW-1 got information of the incident from PW-5 and gave Ext. P1 - F. I. statement to Varapuzha police station. PW- 11 conducted the investigation in this case. He held inquest over the dead body and prepared Ext. P2 report. He arrested the appellant on 22-4-91 at 3 p.m. and the 'kaili' worn by the appellant was taken into custody as it was found to be bloodstained. He later filed the final report.