SHIBU S/O GOPALAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal has been preferred by the appellant challenging the judgment of conviction and order of sentence passed by the 4 th Additional Sessions Judge, Kottayam in S.C. No. 47 of 2011 from C.P. No.18 0f 2010 arising out of Crime No. 249 of 2010 of Erattupetta Police Station by which he was found guilty for committing offence under Section 302 of the Indian Penal Code, 1860 (for short 'IPC') and was sentenced to suffer imprisonment for life and to pay a fine of Rs. 25,000/- (Rupees Twenty Five Thousand only) with a default stipulation of simple imprisonment for one year.

(2.) Prosecution case is that the appellant and his wife Sheeba @ Rajani along with their three children were residing in house no. VI/28 of Theekkoy Panchayath. On 13/03/2010 at 09.00 P.M., the appellant came to his house in a drunken state and due to his suspicion about the chastity of his wife Sheeba, forcibly pressed her face with both hands causing nail marks, fisted on her face and then using a firewood hit her all over the body especially on the shoulder and thigh and caused her head to be hit on a concrete piece in the kitchen. Due to the injuries so sustained, she was found dead the next day morning. The appellant was charged with offence under Section 302 of I.P.C.

(3.) Learned counsel for the appellant Sri.P.P.Padmalayan submitted that the appellant herein is innocent. Prosecution failed to prove the case against the appellant beyond reasonable doubt. Motive is not proved by the prosecution. Absolutely no evidence is forthcoming to show that there was any intention on the part of the appellant. PW2 is the son of the deceased who was only 9 years of age at the time of incident and his evidence cannot be believed. The medical evidence did not support the prosecution case. There was no premeditation. It can also be seen that the appellant and the victim slept in the same room after the alleged attack. Counsel for the appellant pleaded for an acquittal extending benefit of doubt.