RADHAKRISHNAN Vs. CIRCLE INSPECTOR OF POLICE

JUDGEMENT

(1.) APPELLANT was prosecuted for the offences of uxoricide, Infanticide and also for causing disappearance of evidence. He was found guilty on all counts. Therefore he was convicted for those offences and sentenced to undergo life imprisonment for the offence punishable under S.302 Indian Penal Code and rigorous imprisonment for one year for the offence punishable under S.201 Indian Penal Code. Sentences were directed to run concurrently.

(2.) THE accused, his deceased wife and the child were staying together. The accused married deceased Latha about four years ago. At the time of the incident deceased Latha was carrying. Accused suspected that his wife was infidel to him. Prosecution case is that the accused due to his suspicious nature and inferiority complex and since his wife could not satisfy his sexual urge, decided to do away with her. The accused runs business in jewellery. According to the prosecution, the accused had schemed to kill his wife. As part of the scheme he was in search of a house situate in a place far away from the main stream. He located the house, in which the couple along with the child were staying at the time of the incident. That is a short distance away from the main road. The allegation is that on 17/05/1997 the accused came to his house in the noon, stabbed his wife Latha to death and smothered his child also to death. The further allegation is that the accused caused disappearance of the evidence by throwing away the jewellery of Latha into a river.

(3.) JUDICIAL First Class Magistrate-I, Aluva took cognizance of the offences. On appearance of the accused before the said Court all formalities were completed. The learned Magistrate found that the case is one exclusively triable by a Sessions Court and therefore committed the case to Sessions Court, Ernakulam under S.209 of the Code of Criminal Procedure, 1973. The Sessions Court on getting records, made over the case to Sessions Court North Parur for trial and disposal.