SANTHOSH Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal has been filed by the appellant challenging the judgment of conviction and order of sentence passed by the 2nd Additional District and Sessions Court, Pathanamthitta in S.C. No. 504 of 2012 arising out of Crime No.244 of 2011 by which he was found guilty for offence under Section 302 of the Indian Penal Code, 1860 (for short 'IPC') and sentenced to undergo imprisonment for life for the said offence.

(2.) Prosecution case is that, on 01/04/2011, at about 06.30 P.M., the appellant assaulted his wife with a fire-wood and also caused injury to her head by hitting the head forcefully on the wall of their house bearing No. IV/370 of Malayalappuzha Panchayath. She was taken to a nearby private hospital. The Doctor advised the appellant to take her to General Hospital for giving better treatment. But the appellant did not do so. She was taken back to their house. Due to the injuries sustained, she was found dead the next day morning.

(3.) Prosecution examined PW1 to PW19 as witnesses, marked documents Exts.P1 to P15 and identified MO1 to MO11 material objects. During 313 examination, the appellant denied the incriminating circumstances levelled against him. He pleaded that he is innocent. He fileD a detailed statement under Section 313 of the Code of Criminal Procedure, 1873 (for short 'Cr.P.C.'). No defence evidence is adduced in the case.