STATE OF KERALA Vs. MATHA ALIAS MATHACHAN

JUDGEMENT

(1.) This is an appeal by the State against the acquittal of the respondents accused 1 and 2 of offences under S.302 IPC. read with S.114 IPC. and S.201 IPC. read with S.34 IPC for causing the death of 2nd accused's husband 35 year old Ulahannan alias Pappu Kunju of Keerampara village and for causing disappearance of the evidence of the offence.

(2.) On 7 4 67 at about 10.30 A. M. PW. 1 Poulose, elder brother of Pappu Kunju, lodged a "missing information" report before pw. 36 Sub Inspector, Kothamangalam Police Station alleging that his brother Pappu Kunju was found missing since the morning of 19 3 67. pw. 36 registered a crime on that basis as Crime No. 25 of 1967 at his Police Station.

(3.) On the same day pw. 17 Vice President of Keerampara Panchayat informed pw. 36 that there was a rumour in the locality that a gunny bag bundle was found afloat in the Periyar river suspecting to contain the dead body of Pappu Kunju. pw. 36 caused the gunny bag bundle to be taken out of the river with the assistance of pw. 27 Varghese and pw. 28 Thomas on the morning of 8-4-67. In order to extricate the bundle Pw. 28 had to cut a coir rope with which the bundle was found to have been tied to a large size granite stone, M. O.5, stuck to the muddy depth of the river. M. O.7 is the gunny bag which was found tied with M. O.4 piece of coir rope. M. O.3 towel was found round the neck region while M. O.1 kyli mundu was found in the region of the skull. But, when the bundle was taken out, there was only skull and skeleton to be seen in the gunny bag. M. O.5 stone could be removed only on 2-5-67 along with M. O.5 (a) and M. O.9 pieces of coir rope. On removal of the remnants of the dead body, an inquest was held over it and thereafter pw. 24 Asst. Surgeon conducted post mortem at the spot. Ext. P7 is the post mortem certificate. He found that the fleshy part of the body was completely decomposed with the exception of some traces of flesh attached to the skeleton here and there. The skeleton was fully exposed with rope tied round the neck portion. The entire vertebral column was intact except the fibula of the left leg. The small bones of the hand and foot were scattered on the ground. There was no viscera for any internal examination. Therefore, no opinion could be given by him as to the cause of death. However, he assumed that it was the skeleton of a male subject to confirmation by an Orthopedic Surgeon. In his opinion the person concerned would be between 17 and 25 years of age.