METHALATT BALAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is filed by the accused who has been found guilty for the offence under S.449 and S.302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.5,000.00, in default, to undergo simple imprisonment for three months for the offence under S.449 of Penal Code and to undergo rigorous imprisonment for life and to pay a fine of Rs.25,000.00, in default, to undergo simple imprisonment for a further period of one year under S.302 of IPC.

(2.) The alleged incident happened on 22/04/2007 in and around 12.30 noon. The allegation is that the accused trespassed into the house of the deceased and beat on her head with a wooden log, identified as MO1. The victim was taken to the Medical College Hospital by 6 p.m. on that day and she succumbed to the injuries in the early morning of the next day, i.e., 23/04/2007. She was aged 56 and the accused was aged 50 years.

(3.) The prosecution has examined PW1 to PW29, got marked Exts.P1 to P56 and identified MO1 to MO10. There is no eye - witness to the alleged incident. The prosecution heavily relied on the circumstantial evidence brought out through PW2, PW11 to PW15, recovery of MO9 and MO10 material objects and the extra judicial confession alleged to have been given by the accused before PW14.