JAIMON Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal has been filed by the appellant against the judgment of conviction and order of sentence passed by the Second Additional Sessions Judge II (Special), Kottayam in S.C. No. 312 of 2012 by which he was found guilty for offences under Sections 302 and 309 of the Indian Penal Code, 1860 (for brevity 'IPC') and sentenced to undergo imprisonment for life and to pay a fine of Rs. 50,000/- (Rupees Fifty Thousand only) with a default stipulation of one year rigorous imprisonment for the offence u/s 302 and further to undergo simple imprisonment for one year for the offence u/s 309 of IPC.

(2.) The prosecution case is that on 11/01/2012 at 11 p.m., the appellant with an intention and knowledge to commit murder of his wife Mini due to prior animosity, committed murder of the said lady while she was sleeping with the appellant along with their children at the western room of a newly built up building situated at Ambalakkodi bhagom in Kurichy village and that the appellant throttled her neck causing suffocation resulting her death. Thereafter the appellant attempted to commit suicide by hanging himself on the bar of a well situated at the courtyard of the said house and thereby committed the aforesaid offences.

(3.) Prosecution examined PWs 1 to 15 as witnesses, marked documents Exts. P1 to P16 and identified MO1 to MO9 series as material objects. On 313 examination, the appellant denied all incriminating evidence and pleaded innocence. Defence adduced no evidence.