OUSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) THE appellant Ouseph has been convicted of the murder of his wife Rosa aged 35 and sentenced to life imprisonment by the Sessions Judge of Trichur. The prosecution case is that the accused and his wife with their two young children were living amicably in Kolkunnu till the accused's brother Ayyappan after the death of his wife began to live with the accused. After some days the accused began to suspect illicit intimacy between Ayyappan and Rosa, which occasioned frequent quarrels. Due to this unpleasantness Ayyappan shifted to another house with his children. On 17 -4 -1958 the accused and Rosa went to the paddy field of one Thomakkutty for harvesting. The movements of Rosa and Ayyappan in the paddy field irritated the accused who on return to his house quarrelled with Rosa of that ground. Rosa refusing to prepare meals and threatening the accused with perpetual separation proceeded to the southern courtyard of the house followed by the accused. Rosa was then cut with a chopper on her face and head by the accused. Rosa fell down. Hearing the cry of the children some neighbours gathered and they saw Rosa lying with bleeding injuries. They attempted to remove Rosa to the hospital, but before they could get a cart, Rosa died at 9 P. M. One of the neighbours went to the Mala Police Station and lodged the first information. The accused appeared before the Chalakudy Police Station, when he was arrested. He gave a confessional statement to the effect that when Rosa caught hold of his testicles and squeezed, he suffered excruciating pain and his head reeled and he cut her to save himself.

(2.) THE accused when questioned by the Sessions Judge under Section 342 stated as follows: -"On certain days there was quarrel between him and his wife, but he had no suspicion about her behaviour towards Ayyappan. He does not know whether his son Anthony cried out that the father cut the mother to death -His wife was stronger than him. When they were eating jack fruit, a quarrel arose between him and his wife regarding house -hold affairs. A tussle ensued. Rosa caught hold of his testicles. They fell down when Rosa pressed his' testicles, his eyes reeled, and he was not able to raise his tongue. In that agony he caught something in his hand. With that thing he dealt a blow on Rosa who was lying on his body. After that he got up.

(3.) IT is stated that the accused's son Antony aged 5 is the only eye -witness. He was produced in the Magistrate's Court as well as in the Sessions Court, but was not examined, since on questioning him they were not satisfied that he was capable of giving rational answers. The confessional statement of the accused, Ext. P. 8 is also not acted upon by the learned Sessions Judge as it is of exculpatory character. The learned Sessions Judge has relied upon the decision in : A.I.R. 1952 S.C. 354 (Palvinder Kaur v The State of Punjab) for rejecting the confession and he was right in doing it.