PREMAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is filed by the appellant against the judgment dated 10/11/2011 in SC No. 537/2010 on the file of the Additional Sessions Court, North Paravur by which he was sentenced to undergo imprisonment for life and to pay a fine of Rs.2,000/- (Rupees Two Thousand only) for the offence punishable under Section 302 of the Indian Penal Code, 1860 (for brevity ' IPC ') with default stipulation of three months rigorous imprisonment.

(2.) The case of the prosecution is that the deceased Kochuthresia @ Suni, aged 30 years, wife of PW1, Shibu, fell in love with accused/appellant Premajan while they were residing at Manjummal along with their respective families and it had grown to an illicit relationship. Thereafter they eloped from Manjummal and resided together near Chalakkudy as man and wife. After two weeks, deceased Suni left the company of the appellant and returned to her matrimonial home. Because of her desertion, accused became inimical to the deceased. Due to this animosity, on 3 rd July, 2006 at 6.40 a. m., accused with the intention to cause death of Suni approached her while she was present near to Thachapallathu shop situated at the eastern side of Kadungalloor-Muppathadam public road at Muppathadam Kara in Kadungalloor Village and inflicted fatal injuries on the vital parts of the deceased with a knife. It is alleged that the appellant inflicted 16 stab injuries on the person of the deceased Suni and she had succumbed to the injuries.

(3.) Prosecution examined PWs1 to 23 as witnesses, marked and proved Exts.P1 to P24(a) and identified and proved MO1 to MO15 series. The defence brought out Exts.D1 to D5 contradictions.