JOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is filed by the accused in SC No.172/2010 of the Additional Sessions Court, Kottayam by which the accused had been found guilty and punished for offence u/s 302 I.P.C. Prosecution alleged that the accused murdered his wife Lovely and his minor daughter Manumol during the early hours of 15/11/2009.

(2.) The body of Lovely was found under a cotton tree in the property of one Johnny. A rope was tied around her neck and the other portion of the rope was hanging on the tree. The other end of that rope was lying by the side of the victim. Johnny's brother Roby Joseph, PW2 saw the body of Lovely on 17/11/2009 and he informed the matter to the police. While the police was conducting inquest after registering a crime u/s 174 Cr.P.C., the body of Manumol was also found at the bathing bay in Karimala stream. Since, preliminary investigation conducted by the police disclosed suspicious circumstances, the Circle Inspector of Police took over investigation on 27/11/2009. He filed a report before the Judicial First Class Magistrate Court, Erattupetta to incorporate S.302 I.P.C. Thereafter the accused was apprehended. Further investigation was conducted and final report was filed before the Court. The Judicial First Class Magistrate Court committed the matter to the Sessions Court and accordingly, the case was made over to the Additional Sessions Court. Prosecution case was that the accused committed murder of his wife, Lovely by strangulation and his minor daughter Manumol by drowning her in the stream.

(3.) The accused denied the charges levelled against him and the case was taken up for trial.