STATE OF KERALA Vs. VELAYUDHAN

JUDGEMENT

(1.) STATE has filed Criminal Appeal No. 539 of 1986 challenging the conviction and sentence against the accused in Sessions Case No. 43 of 1986. Criminal " Appeal No. 543 of 1986 is filed by the accused. The accused was charged under S.302 of the I. P. C. The learned Sessions Judge found him guilty under S.304 part I of the I. P. C. and convicted and sentenced. him to undergo rigorous imprisonment for seven years.

(2.) THE prosecution case is that the accused suspicious of his wife's chastity manhandled her on 1-2-1986 causing her death. P.W.1, an eye witness, lodged the first information statement. It was recorded by P. W. 15. A crime was registered and investigation was conducted by P. W. 16, the Circle Inspector of Police. Accused denied his complicity with the crime when questioned under S.313 Cr.P.C.

(3.) P . W. 1 resides on the east of the accused's house. P. W. 1 deposed that a day prior to the death of Thankamma (deceased) he saw her running to his courtyard at 6.30 p.m. followed by the accused. According to P.W. 1, the accused fisted on her back. She fell down. P.W.1 intervened and entreated the accused not to beat her. Accused dragged her from there. On the next day morning he knew about the death of Thankamma. Immediately he went to the Police Station and gave the first information statement.