WILSON Vs. STATE OF KERALA

JUDGEMENT

(1.) The challenge in this appeal by the accused in SC No.361/2004 of Sessions Court, Kozhikode (the appellant herein) is to the judgment dated March 15, 2005 convicting him under secs.449, 302 and 392 read with sec.397 of IPC and sentencing him to undergo imprisonment for life under sec.302 of IPC, to undergo rigorous imprisonment for 8 years under sec.449 of IPC and rigorous imprisonment for 7 years under sec.392 read with sec.397 of IPC. The sentences are ordered to run concurrently.

(2.) The case of the prosecution as testified by Pws.1 to 19 before the lower court in brief is this:- PW.1 is the husband of deceased Mary @ Mamy. They were residing in House No.8/461 in Erappanthottil of Koorachundu panchayat. PW.1 is an agriculturist and is the president of the local Rubber Board. On January 4, 2003, in the evening he went to Erappanthode where he was constructing a house. At about 7 - 7.30 p.m. he went to the nearby toddy shop and bought a bottle of toddy. The accused is a distant relative of PW.1. He used to visit the house of PW.1. In the toddy shop the accused was present. The accused had previously borrowed Rs.10000/- from PW.1 which he did not repay. The accused asked for a loan of Rs.500/-. PW.1 replied that he has no money with him. The accused insisted for the amount. PW.1 told him that he will consider his request. Thereafter he did not see the accused. At about 8.30 p.m. PW.1 left the toddy shop and reached his house at about 8.45 p.m. There was electric light in the verandah and in the house. He did not see his wife. Therefore he went to the kitchen. He found his wife lying naked in a pool of blood. He was shocked. He then went outside and informed his younger brother who is residing nearby. His younger brother and wife reached the scene of occurrence. PW.1 informed the neighbours. According to PW.1 his wife used to wear a gold chain, two bangles and ear studs. The chain was found missing.

(3.) At about 11.30 p.m. PW.1 went to the Koorachundu Police Station and complained. PW.18, the then Sub Inspector of Police, Koorachundu Police Station, recorded the statement of PW.1, Ext.P1, and registered the case as Crime No.1/2003 under sec.302 of IPC. Ext.P1(a) is the FIR. PW.19, the then Circle Inspector of Police, Perambra, took over the investigation. He prepared the inquest report Ext.P3 at 11.30 a.m. on 5.1.2003 and seized Mos.1 to 3, 5 and 6. Mos. 1 to 3 are the dresses of the deceased and MO.6 is a piece of wood found at the scene of incident. PW.19 sent the dead body for autopsy to the Medical College, Kozhikode. PW.15 the then Asst. Professor and Deputy Police Surgeon, Medical College, Kozhikode, conducted postmortem on the dead body of the deceased and issued Ext.P7 postmortem certificate. There were 20 ante-mortem injuries on the dead body of which injury No.14 was fatal. He has opined that the deceased died due to the cumulative effects of the injuries on the neck. PW.19 arrested the accused at 2.10 p.m. on January 6, 2003. Ext.P11 is the arrest memo. Ext.P12 is the remand report. On the basis of the statement given by the accused, PW.19 recovered Mos.7 and 8, the shirt and lungi of the accused, as per seizure mahazar Ext.P6. He also recovered MO.1 gold chain of the deceased by seizure mahazar Ext.P13(a) on the basis of the information given by the accused. Ext.P18 is the report of the chemical analyst which shows that there were blood stains on the seized articles i.e. M.Os.1 to 8. Ext.P8 is the sketch of the scene of incident prepared by PW.16, the then Village Assistant of Koorachundu village. Ext.P9 is the ownership certificate of the house of PW.1 issued by PW.16. After completion of investigation PW.19 laid the charge before the committal court, Judicial First Class Magistrate Court-I, Perambra.