AMBALATHIL ASSAINAR Vs. STATE

JUDGEMENT

(1.) THE appellant, a Mopla, has been found guilty under Section 302, I. P. C. of the murder of his wife, Pathu, aged 25, on 20-8-1954 sometime between 9-30 p. m. and 11-45 p. m. , and sentenced to transportation for life by the learned Sessions Judge of North Malabar.

(2.) THE facts of this case are very tragic, the murder being founded really on desperate poverty, the evidence showing no unchastity or even any suspicion of it on the part of this wife. The body was found on the bench of an aided elementary school in Badagara at 7 a. m. the following morning by a school teacher, P. W. 1, with ghastly wounds on her neck which have been proved to have been caused by a small pen knife M. O. 9. There was an incised wound 8" x 4" x 3" across and around portion of the neck cutting the muscles, veins, arteries, nerves and trachea. There was another wound 10" x 5" x 2-1/2" from the middle of the neck to the left side cutting all structures. There was also two comparatively minor incised wounds.

(3.) THE accused was arrested on 26-8-1954 by the Sub-Inspector, P. W. 24, on the road near Badagara railway station. He had in his pos session a pen knife M. O. 9 and a dhoti M. O. 10 on which, however, no human bloodstains were found. On 4-9-1954 he made a confession, Ex. P 6, before a Magistrate which we have no hesitation in holding to have been voluntarily made in which he confessed to killing his wife, under extraordinary circumstances pleading that he did so with her consent.