MAMACHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) According to the prosecution, a five-month pregnant woman was brutally murdered by the appellant accused who was living with her as husband on the basis of registered agreement. He was charge-sheeted for the offence punishable under Section 302 of the Indian Penal Code. It is the case of the prosecution that deceased Jessy has lived with one Ali as husband and wife for sometime and later under a registered agreement started living with the accused. The latter doubted her chastity and used to treat her with cruelty and on 24.10.1999, at about 2 p.m. accused killed her with a chopper.

(2.) PW 5 brother of the deceased on hearing the news rushed to the house and saw his sister in a pool of blood and he gave Ext. P6 F.I. Statement. He also deposed that six months before the incident, Jessy married the accused. But due to suspicion of chastity accused used to treat her cruelly and because of the cruelty she came to his house to live along with him. It is also stated that accused used to visit his house to meet her and while giving evidence he also deposed that he saw the accused in that morning near the place (Rajakumari). He also reiterated the incident as mentioned in Ext. P6 F.I. Statement. During cross-examination, he stated that Ali, former husband of the deceased did not visit her after the marriage with the accused.

(3.) PW 7 is the son of the deceased through Ali. He was only four years at the time of incident and at the time of giving deposition he was five years old. He stated clearly in terms of the prosecution case. He is a direct witness. PW8 who was also a close neighbour saw deceased and accused together in the house near the time of the incident. After hearing the cry, PWs 8 and 9 saw the accused coming out of the house with the chopper. The above chopper was recovered on the basis of the disclosure made by the accused. F.S.L. report shows that the chopper contained human blood. On hearing the cry neighbours gathered and they found accused coming out with the chopper. In 313 Statement, case of the accused was that when he visited his wife in the house, he found Ali there and Ali tried to struck him with a chopper but it fell on the deceased and that shows admission of the presence of the accused therein at the time of incident. None of the witnesses has stated presence of Ali therein. There is also no such suggestion when they were cross-examined. There were no evidence regarding the presence of Ali on that day.