FRNCIS Vs. STATE OF KERALA

JUDGEMENT

(1.) Aggrieved by conviction and imposition of sentence on the sole accused in SC No. 1236 of 2011 before the Additional Sessions Judge-I, Thiruvananthapuram, he has preferred this appeal.

(2.) Charge framed by the trial court against the appellant reads thus;

(3.) Prosecution case, in brief, is that the appellant married deceased Irene and two sons were born in the relationship. Their marriage was, in fact, a love marriage. It is alleged that the appellant suspected fidelity of the deceased and he continuously tortured her for one reason or the other. On 09.09.2009, PW4, the younger son of the couple, who was studying in a seminary, went back to seminary after Onam recess and at that time, he took a sum a Rs.500/- from the shirt pocket of the appellant. When the appellant came to know about this, he got enraged and picked up a quarrel with the deceased. He beat the deceased black and blue. He also threatened PW1, his elder son, that he would be finished off. Thereafter, the appellant procured a stamp paper and coerced the deceased to sign it as a token of her consent for dissolving their marital relationship. On 09.09.2009 at about 8 pm, the appellant picked up an altercation with deceased Irene and assaulted her mercilessly. On the very next day, i.e. on 10.09.2009 around 3.30 pm, the appellant manhandled her again. When PW1 tried to save his mother, the appellant physically assaulted him too and torn off his dress. On that day, again he insisted that the deceased should sign on the stamp paper to sever their relationship. When she expressed her unwillingness, the appellant thrashed her. When PW1 tried to rescue his mother, the appellant brandished a knife to keep him at bay. Their relatives and neighbours intervened in the matter and PW1 was taken to the family house of the deceased.