BINU KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is directed against the judgment of the Additional Sessions Judge-I, Alappuzha convicting the appellant for having committed offences punishable under Sections 449, 307 and 302 of the Indian Penal Code, 1860 (for short 'IPC') and sentenced to undergo rigorous imprisonment for five years and also pay fine of Rs.1000/-, in default to undergo rigorous imprisonment for ten days for the offence punishable under Section 449 IPC; to undergo rigorous imprisonment for seven years and to pay fine of Rs.1000/-, in default to suffer rigorous imprisonment for ten days for the offence punishable under Section 307 IPC; and to undergo imprisonment for life and also to pay fine of Rs.1000/- and in default to undergo rigorous imprisonment for ten days for the offence punishable under Section 302 IPC for committing uxoricide.

(2.) The prosecution case in brief is that on 20.7.2013, at about 5 p.m, the accused, who is the husband of deceased Vinodini, went to the house owned by PW2 Kanakamma,the mother of deceased Vinodini bearing Door No.IV/382 of Patiyoor Panchayath and village and when PW2 hesitated to open the door, the accused uttered abusive words against her, forcefully entered the house and questioned as to why the cases pending against him were not withdrawn. Later, when PW2 was engaged in household duties, the accused demanded the key of the cupboard. PW2 refused to give the key of the cupboard as demanded by the accused. Feeling agitated, the accused went out, took out a snapper knife from his motorcycle bearing registration No.KL-04/T-8372, entered the hall of the house and stabbed her on her abdomen. On seeing this, his wife-Vinodini made an attempt to obstruct the illegal act of the accused, whereupon she was wrongfully confined and again stabbed PW2 which hit behind her left ear. When the knife had broken, he threw away the same in the hall, entered the kitchen, took out a steel knife and stabbed Vinodini incessantly. When she went out to the front courtyard of the house, for escaping from the clutches of the accused, the accused followed her and again attacked with the knife at the earthen road, north-east of Thazhvaram Bindu Bhavan. As a result of the assault, Vinodini succumbed to the injuries and PW2 sustained grievous injuries.

(3.) For the occurrence in question, PW1 lodged Ext.P1 First Information Statement (FIS)before PW22 the then Station House Officer, Kareelakkulangara Police Station. On the strength of Ext.P1 FIS, PW22 registered Ext.P22 First Information Report (FIR).