ROOPAMOL AND ANOTHER Vs. JOSHUA

JUDGEMENT

(1.) Crl.Appeal No.1260/13 has been filed by the State challenging the acquittal of the accused in SC No.64/2006 and Crl.Appeal (V) No.1259/13 has been filed by the defacto complainant.

(2.) A crime came to be registered by the Melukavu police station based on the First Information Statement (FIS) of PW1 (Defacto complainant) alleging that her husband was murdered by the accused. In her statement, she had stated that there was dispute among accused 1 and 2 and the deceased Johnson @ Mon in connection with partition of family property. On 28/12/2004, the accused inflicted fatal injuries on Johnson. He was taken to the hospital, but he succumbed to the injuries on 3/1/2005.

(3.) Initially, the crime was registered under Sections 326 and 324 r/w Section 34 of I.P.C. and after the demise of Johnson, the offence was converted to one under Sections 302 and 201 r/w Section 34 of IPC. The investigation was conducted by PW21, the Deputy Superintendent of Police, Crime Detachment and the same was completed by PW22, the Deputy Superintendent of Police. The final report was filed before the Judicial First Class Magistrate Court, Erattupetta against the accused for the offence under Sections 302 and 201 r/w Section 34 of I.P.C. The learned Magistrate committed the matter to the Court of Sessions, Kottayam, which was made over to the Additional Sessions Judge for trial.