NARAYANAN THANKAPPAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Syamala, the wife of the appellant, died on 6-10-1984. The autopsy on the dead body conducted by the Doctor revealed that her heart was ruptured and she died as a result of the multiple injuries on the chest and abdomen. The trial of the appellant on the charge of murder for having caused the death of his wife by beating, hitting, stamping etc. ended in his conviction under S.302 I.P.C. He was sentenced to imprisonment for life.

(2.) The conviction was entered mainly on the evidence of the two eye witnesses, Pw. 2 Thulasi alias Kannan, a neighbour and Pw.3 Anish, the minor son of the deceased.

(3.) The appellant and his wife lived together along with their six year old son Anish in the village near a thodu. There used to be frequent quarrels between the couple. When Pw.5, a neighbour once made enquiries the appellant resented and pw. 5 was thereafter indifferent. On the night of 5-10-1984 Syamala slept in the lean to after she was beaten by the appellant. The next morning at about 8.15 a.m. the appellant saw her in the tea shop nearby. The appellant asked her with whom she slept last night. Syamala picking up her children ran towards the house. The appellant followed, caught hold of her by the tuft when she reached the court yard, beat her, hit and fisted her. She fell on the court yard. The appellant dragged her to the varandha of his house, attacked her with the kitchen knife and throwing away the knife slapped on her cheek. She fell on her back near the door. He then climbed on her body, hit on the chest, stamped on the hip, chest and abdomen. He cut her hair. Anish was on the verandha witnessing the attack. pw. 2, Kannan alias Thulasi, an employee in the tea shop had followed the couple and he stood near the well to see what was happening. When pw. 2 asked the appellant not to beat Syamala the appellant turned towards him leaving Syamala. Kannan took to his heels. The appellant abandoned his chase and slipped away.