K. GEETHA Vs. STATE OF KERALA

JUDGEMENT

(1.) These two appeals preferred against the judgment of conviction under Sections 302, 120B and 201 read with Section 34 of the Indian Penal Code and the order of sentence passed thereunder by the Court of the Additional Sessions Judge (Adhoc) I, Kalpetta in S.C.No.192 of 2009, dated 27.3.2013.

(2.) The gist of the prosecution case is that a dead body was found lying within the forest area at Mangalassery on 10.6.2008. Earlier, Ext.P1 FIS was lodged by PW1 on 7.6.2008 in connection with the missing of one Pavithran. On the basis of the information given by an autorickshaw driver, who was examined as PW3, search was conducted in and around the area wherein the dead body was found lying and detected the dead body in a decomposing stage. The dead body was identified as that of Pavithran. The prosecution case is that accused Nos.1 and 2, who are the husband and wife, entered into a conspiracy to do away the victim as he was maintaining an illicit relationship with accused No.2 and later on demanded to share her illicit relationship with one of his friends. Thereon, they hatched a conspiracy to do away the victim and, in furtherance of their prior concert, accused No.2 invited the victim through telephone to the place of occurrence and accused No.1 inflicted injury on his head with a stone, resulting in his death.

(3.) There is no eye witness to the alleged incident. The incriminating circumstances advanced by the prosecution through PW1 to PW22, Exts.P1 to P25 and MOs.1 to 17 series are: (1) The victim was maintaining an illicit relationship with accused No.2 and he demanded to share her body with another person, which is stated to be the motive behind the crime. (2) The material objects MO1 to MO6 were recovered based on the confession statement alleged to have been given by accused No.2 while she was under police custody along with MO7 plastic cover and MO8 plastic string. (3) The phone call originated from the mobile phone of the victim to the land phone of the accused reveals the alleged role of the accused in the commission of the offence. (4) Canvass shoe belonged to the victim, identified as MO9, was recovered based on the confession statement given by accused No.1. (5) The laterite stone used for inflicting injury, identified as MO10, was recovered based on the confession statement besides MO11 series and MO12 watch belonged to the deceased.