JOSEPH MATHAI Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the accused in S.C.No.45/2009 on the file of the Additional Sessions Judge-V, Kozhikode in Crime No.199/2007 of Thiruvampady Police Station for the offence punishable under Section 302 of the Indian Penal Code (for short ' IPC ') for committing matricide. By judgment dated 12.1.2016, the learned Additional Sessions Judge-V convicted and sentenced the accused to undergo imprisonment for life and to pay a fine of Rs.5,000/-, in default of payment of fine to undergo rigorous imprisonment for a further period of six months.

(2.) The brief facts giving rise to the instant appeal are as follows:- The accused Joseph Mathai @ Jose, his brother PW1 John, his brother's wife PW2 Mariyamma John, his mother Mariyam and CW2 Kochuthresia (since deceased), who was the sister of Mariyam, were residents of the building bearing door No.VIII/7 of Perumalippady. According to the prosecution, as there was incompatibility between the mother of the accused and the accused, the accused started residing with his family in a building owned by him. It is further alleged that some landed properties were in the name of the mother and the accused was compelling his mother to transfer the land in his name. About eight months prior to the incident, it is alleged that the accused had inflicted a stab injury on the abdomen of his mother in connection with the property dispute. The mother was reluctant to execute documents in favour of the accused. She had expressed her strong disapproval stating that she would not be prepared to transfer her property as demanded by the accused. The denial on the part of the mother alleged to be the cause and motive for committing matricide.

(3.) The indictment against the accused is that at about 11.45 am on 13.12.2007, the accused out of his ill-will towards his mother Mariyam, aged 90 inflicted stab injury on the right side of her neck and inflicted blows with a stick on her head with an intention to cause death in the courtyard of the residential building bearing door No.VIII/7 at Perumalippady and thereby committed matricide.