S. SHAJIN Vs. STATE

JUDGEMENT

(1.) The appellant is the sole accused in S.C. No. 2 of 2010 on the file of the Principal Sessions Judge, Kanyakumari District. By judgment dated 10.12.2011, the trial Court, convicted him under Sections 449 and 302 IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 10,000/-, in default, to undergo simple imprisonment for one year for offence under Section 449 IPC and to undergo imprisonment for life and to pay a fine of Rs. 10,000/- in default, to undergo simple imprisonment for one year for offence under Section 302 IPC. The sentences have been ordered to run concurrently. Challenging the said conviction and sentence, the appellant is before this Court with this criminal appeal. The brief facts of the case of the prosecution are as follows:

(2.) On 16.02.2010, at 5.30 a.m., the deceased was at her home. P.W. 1 the mother of the deceased was also at home. At about 5.15 a.m., P.W. 1 had gone out of the house to a nearby shop for the purpose of buying milk. At 5.30 a.m., when she returned, she found the accused inside the house with an aruval. The deceased was sleeping on the cot. The accused shouted at the deceased and cried out: "since you are not available for me for marriage, you should not be available for marriage for anyone else". Saying so, the accused cut the deceased on her neck. He pulled her hair and inflicted two more cuts on her neck with aruval. P.W. 1 witnessed the occurrence. Then the accused fled away from the scene of occurrence through the front entrance of the house. P.W. 1 raised alarm.

(3.) P.W. 3 is the sister-in-law of P.W. 1. P.W. 2 is the son of P.W. 3. P.Ws. 2 and 3 were just proceeding towards the house of the deceased at the crucial moment to seek help, as P.W. 3 was slightly unwell. At about 5.30 a.m., on 16.02.2010, when they were nearing the house of the deceased, they found the accused running away from the house of the deceased with M.O. 1 aruval. When they rushed into the house, they found the deceased in a pool of blood. She was dead. P.W. 4 is a neighbour. According to him, at 5.30 a.m., on 16.02.2010, he heard the cry of P.W. 1. when he rushed towards the house of the deceased, he found the accused running away from the house of the deceased with aruval. When he went to the house of the deceased, he found the deceased in a pool of blood.