MURUKESAN,S/O SARATHI Vs. STATE

JUDGEMENT

(1.) This appeal has been filed by the appellant against the judgment of conviction and order of sentence passed by the Additional Sessions Judge, Ottappalam, in S.C. No. 747 of 2014 arising out of Crime No. 23 of 2013 of the Railway Police, Shoranur by which the appellant is sentenced to undergo imprisonment for life and to pay fine of Rs.1,000/- (Rupees One Thousand only) and in default to undergo rigorous imprisonment for three months under Section 302 of the Indian Penal Code, 1860 (for short, ' IPC '). He is further sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs.1,000/- and in default to undergo rigorous imprisonment for three months under Section 316 of the IPC.

(2.) The prosecution case, in brief, is that the deceased Sundari was the wife of the appellant Murukesan. While she had been hospitalized at Erode in connection with some illness, the appellant sold their 8 months old son, without her knowledge. After discharge from the hospital, she enquired about the child intermittently. So, the accused developed an apprehension that his wife Sundari would inform this matter to her relatives and police. He therefore entertained an intention to kill her. He informed his wife that as there was a tumor in the abdomen of the child, he was undergoing treatment in a hospital at Guruvayoor. Sundari was pregnant for 4 months at that time. Under the pretext of taking his wife to the child, he took his wife along with him at 9 a.m., on 17/09/2012 in the coach for disabled which was attached to the back side of the train namely Dhanbad Express bound for Alappuzha. While they were travelling and by the time it reached a place called Chorottur between Ottappalam and Mannannur railway stations, at 2.30 p.m., he pushed her down from the running train. She fell down from the train and sustained serious injuries. Some local persons on hearing a noise took her to Ottappalam Taluk Headquarters Hospital and from there she was referred to Government M.C.H., Thrissur. Due to the fall, the foetus became lifeless. Subsequently, she was taken to Govt. M.C.H., Thirunelveli and while undergoing treatment there, she breathed her last on 09/10/2012.

(3.) Prosecution examined PWs 1 to 28 as witnesses, marked Exts.P1 to P27 and identified MO1 and MO2. On request of the learned Public Prosecutor, for a just and fair disposal of the case, the Court below allowed to examine PW29 Doctor and Ext.P28 histo-pathology report in respect of the foetus, was marked through him.