TOM P J @ GEORGE Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an appeal filed by the accused in S.C.No.329/2000 on the file of the Addl.District and Sessions Court, Kasaragod, challenging his conviction and sentence to undergo imprisonment for life and to pay a fine of Rs.25,000/-, in default to undergo rigorous imprisonment for six months more, under Section 302 of the Indian Penal Code, for murdering his wife by clubbing her on her head with MO1 pestle, which according to PW17, the Police Surgeon, who conducted the autopsy, was sufficient in the ordinary course, to cause her death. She had sustained the following seven injuries as detailed in Ext.P9 post-mortem report:

(2.) The facts of the prosecution case in brief are thus:

(3.) Pw1 is the eldest son of the deceased and the accused. He was just 5 years old at the time of occurrence, and nine when examined before the Court. After testing his capability Voir Dire, the learned Sessions Judge found him competent to testify, and proceeded to examine him on oath. He testifies that he was woken up by the noise and saw his father hit his mother with MO1. He also testifies about PW2 reaching the scene of occurrence and taking him home along with his siblings. PW4 is the father of the deceased, who was away from Kerala, and got a call from the deceased at about 8.30 PM informing him about her apprehension about the accused, and he informed others at home.