KAMALASANAN Vs. STATE OF KERALA REPRESENTED BY DGP

JUDGEMENT

(1.) The accused in SC No.1128/2010 on the file of the Additional District and Sessions Judge (Adhoc-II), Kollam has preferred this appeal challenging the judgment dated 28/6/2013 by which he was found guilty and convicted and sentenced to undergo imprisonment for life and to pay fine of Rs.20,000/- for the offence under Section 302 of the Indian Penal Code (IPC for short) and in default of payment of fine, to undergo simple imprisonment for three months.

(2.) According to the prosecution, the accused committed murder of his wife Anandavally on 21/4/2008 at about 2 pm by hitting her with a wooden reaper on her head, face and other parts of the body. Though she was taken to hospital, she succumbed to injuries at 4 am on 27/4/2008. The motive of crime was the suspicion the accused had against his wife having some illicit connection with others. To prove the prosecution case, they examined 15 witnesses, marked Exts.P1 to P13 and produced material objects MO1 to MO4.

(3.) Learned counsel for the appellant Sri. Anandan Pillai argued that there is no eye witness to the incident and the circumstantial evidence pointed out by the prosecution has not been proved beyond reasonable doubt. The only material relied upon was the presence of the accused in the scene of crime which cannot be believed. All the witnesses who had spoken regarding his presence were not stating true and correct facts and the intention was to make the accused liable for the death of his wife.