SATHI Vs. STATE OF KERALA

JUDGEMENT

(1.) The Judgment in S.C.No. 110 of 1991 of the Additional Sessions Court Thalassery is under challenge in this appeal filed by accused who had been found guilty under Section 302, IPC., convicted and sentenced to undergo imprisonment for life.

(2.) The accused and the deceased, in their early thirties and unmarried, were thick friends. They enjoyed each other's company and maintained a sort of lesbian relationship to the great annoyance of their kith and kin. Allegedly the deceased stopped visiting the house of the accused after her brother's marriage about a year before the incident. But then the accused frequented the house of the deceased and spent time with her who was employed as often as possible. She used to help the accused in a generous way to the chagrin and displeasure of her mother. Allegedly the accused was upset because the deceased had been forbidden to visit her house and hated all her people, except one Nisha, a small girl. The incident took place on a day when the deceased had no work. Allegedly the accused met her soon after lunch and enquired whether they could go for cutting grass and plantain leaves. Though she hesitated at first she agreed and went with the accused to the adjoining property of P.W.3. P. W.5 the mother of the deceased and P.W.6, her sister had seen them going out. On the way they had ice-candy from P.W.10. Allegedly the accused had taken MO1 from her house and she had also MO2 that she collected from the house of the deceased. From the property of P.W.3 where plantains were grown, amongst coconut- trees, the accused was alleged to have chased the deceased and inflicted injuries with MO1. P.W.1 who happend to see this while returning home after work in the house of P.W.3 immediately reported the matter to P.Ws.2 and 17, who are the brother and husband of P.W.3. They soon went to the place and saw the deceased Sarojini lying in a pool of blood with the accused standing by her side with a chopper. MO1, that was bloodstained, she threatened those who dared to go near, brandishing the chopper. P.Ws.2 and 17 raised a hue and cry and P.W.4 a neighbour rushed to the place. He said that the accused should not be allowed to go and went away to bring people. Butby the time he came back she left the place with MO1, that she flung into the adjacent canal. P.W.17 went to the shop of P.W. 13 to get in touch with the police over phone, but failed, Around 5.00 pm. he went to the Panoor Police Station and gave a statement Ext. P-11 about the incident to P.W.21 who registered Crime 143 of 1991. He went to the scene of occurrence, made arrangements to guard the same and at about 6.30 p.m. took the accused into custody. P.W.20 investigated the case the same day and arrested her around 9.30 p.m. On the next day, he conducted the inquest and under Ext. P-1 report seized MOs.3 to 5 from the dead body and MOs. 6 to 8 and 12 as also MO2. He also seized MOs. 9 to 11 from the accused under Ext. P-13. As per her statement, marked as Ext. P-14, he seized MO1 and under Ext. P-2 with the help of P.W.8. The scene of incident which carried tell tale marks of the incident was described in Ext. P-3 mahazar, that he prepared at 4.30 p.m. the same day, and laid the final report after completing the investigation.

(3.) The accused denied the entire incident, about which she said she had heard, but in which she was not involved. She was sorry that her friend had a tragic death and maintained her innocence. Her mother wasexamined as D.W.1 and Ext. D1 was marked in defence.