JOSE @ JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal has been preferred by appellants Jose @ Joseph (1st accused 'A1') and Mersey @ Mariya (2 nd accused 'A2') who are husband and wife, challenging the judgment of conviction and order of sentence passed by the Additional District and Sessions Judge for the trial of cases relating to Atrocities and Sexual Violence against Women and Children, Ernakulam by which A1 was found guilty for offence under Section 302 and 201 of the Indian Penal Code, 1860 (for short 'IPC') and A2 was found guilty for offence under Section 302 read with Section 120B of IPC and also for Section 201 read with 120B of IPC and was sentenced to suffer as under: A1 was sentenced to undergo imprisonment for life and to pay a fine of Rs.1,000/- (Rupees One Thousand only) for offence under Section 302 of IPC. He was further sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs.1,000/- (Rupees One Thousand only) for offence under Section 201 of IPC. A2 was sentenced to suffer imprisonment for life and to pay a fine of Rs.1,000/- (Rupees One Thousand only) for offence under Section 302 read with Section 120B of IPC. She was also sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.1,000/- (Rupees One Thousand only) with a default stipulation of rigorous imprisonment for two months for offence under Section 201 read with Section 120B of IPC.

(2.) Prosecution has the following case against the appellants: A1 and A2 are husband and wife and six children were born out of the wedlock. On 23/01/2008, A2 delivered another girl child which was the seventh one. Since it was a girl child, the accused/appellants entered into a criminal conspiracy to commit murder of the child. On the same day, at 09.00 p.m., A1 tightened a cloth around the neck of the new born baby and killed her at their house namely, Sharon Villa, Thomaspuram Road, Maradu Village. Thereafter, in order to cause disappearance of evidence, accused buried the corpse of child by digging a pit in their courtyard on the northern side of the eastern bedroom. Thereafter, on 27/01/2008, since foul smell began to spread out because of decomposition of the body, A1 dug out the body from the pit, put it in a plastic bag and abandoned it in the bush at Thykoodam church road.

(3.) Originally, the case was registered on 27/01/2008 by Sub Inspector of Police, Panangadu Police Station under Section 174 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') for unnatural death, based on Ext.P1 First Information Statement given by PW1 Anilkumar. Later, on detailed investigation, the offence is allegedly revealed to be one under Section 302 read with 120B of IPC.