ABDULLA Vs. THE STATE OF KERALA

JUDGEMENT

(1.) The accused in Sessions Case No.96/2010 is the appellant herein, who challenges judgment dated 28/3/2012 by which he was convicted under Section 302 of the Indian Penal Code (I.P.C) and sentenced to undergo imprisonment for life. The prosecution case is that, on 6/9/2007, at about 4.20 p.m., the accused assaulted his wife Fathima by throwing a bottle and thereafter she was murdered by using a dagger thereby committing culpable homicide. She was stabbed on her neck. The offence was committed in the bedroom of their dwelling house. She died on the same day on account of injuries sustained by her.

(2.) The first information was given by brother of the deceased before the Badiadka Police Station. FIR was registered as Crime No.170/2007. The final report was submitted before the Judicial First Class Magistrate Court, Kasaragod. The final report and documents were committed to the Sessions Court and after complying with the procedural requirements, charge was framed under Section 302 of the I.P.C. The accused denied having committed the offence by pleading that he is not guilty.

(3.) The prosecution examined 16 witnesses as PWs 1 to 16. Exts.P1 to P13 were marked and MO's 1 to 6 were the material objects that had been taken on record. The accused was examined under Section 313 of the Criminal Procedure Code.