Kerala High Court
P.M.Saidalavi Koya vs State Of Kerala on 27 February, 2013
Author: A.M.Shaffique
Bench: A.M.Shaffique
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
WEDNESDAY, THE 4TH DAY OF APRIL 2018/14TH CHAITHRA, 1940
CRL.A.No.357 of 2013
AGAINST THE JUDGMENT IN SC.NO.179/2011 OF THE ADDITIONAL SESSIONS
COURT (ADHOC)-1, KALPETTA, WAYANAD, DATED 27-02-2013.
APPELLANT/ACCUSED:
P.M.SAIDALAVI KOYA, AGED 32 YEARS,
S/O.P.M.MUTHUKOYA THANGAL,
THOTTUMUKKAM VEEDU,
KINAKADAVU,
CHERUKATTOR VILLAGE.
BY ADVS.SRI.P.VIJAYA BHANU (SR.)
SRI.M.REVIKRISHNAN
SRI.VIPIN NARAYAN
RESPONDENT/COMPLAINANT:
STATE OF KERALA
STATION HOUSE OFFICER,
VELLAMUNDA POLICE STATION,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM.
BY ADV. SMT.AMBIKA DEVI S. - SPECIAL PUBLIC PROSECUTOR
FOR ATROCITIES AGAINST WOMEN AND CHILDREN.
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 17.1.2018,
THE COURT ON 4.4.2018 DELIVERED THE FOLLOWING:
A.M.Shaffique & P. Somarajan, JJ.
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Crl. Appeal No.357 of 2013
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Dated this the 4th day of April, 2018
JUDGMENT
P. Somarajan, J.
Against the judgment of conviction and order of sentence under Section 302 and 201 IPC in S.C.No.179/2011 dated 27.2.2013 of the Additional Sessions Court (Adhoc) - I, Kalpetta, Wayanad, the accused came up with this appeal.
2. The short facts of the case are as follows: The accused pretends to be a sorcerer was conducting an Arabic treatment centre under that guise and the victim was a frequent visitor of the said centre in connection with the strained relationship with her husband who had abandoned her by maintaining an indecent relationship with another lady. On the ill fated day, the victim came to the house of accused in connection with her Arabic treatment and there arose some dispute which has resulted in the commission of offence Crl. Appeal No. 357 of 2013 :: 2 ::
leading to her death, by 3.45 p.m. It is further alleged that the accused took her to the kitchen and hit on her head with a wooden stick and strangulated her with her saree. Her deadbody was wrapped in a plastic sack and removed to a nearby river. On the next day, the dead body was cited by PW1.
3. The prosecution has relied on the circumstantial evidence as there was no eye witness to the incident. PW1 is the first informant who laid Ext.P1 FIS at Vellamunda Police Station on 18.4.2010 at 8.45 a.m., on seeing the deadbody in and around 6- 6.30 a.m in Panamaram Stream. PW2 is the autorickshaw driver who took the victim near to the house of accused. On getting information regarding the death of the victim, on the next day he revealed before the investigating officer that he took the victim near to the house of the accused in his autorickshaw on Saturday between 3.30 and 4 p.m. PW3 is the ASI of Kambalakkadu Police Station who had investigated the complaint filed by the victim against her Crl. Appeal No. 357 of 2013 :: 3 ::
husband in Crime No.43/10 under Sections 498A and 506(ii) of IPC. PW4 is another autorickshaw driver who was examined to prove that the victim took the autorickshaw of PW2 on the ill fated day. PW5 was also examined for that purpose. PW6 is the attestor to Ext.P2 inquest report. PW7 is the brother of the deceased who identified the body of the victim. PW8 is the photographer through whom MO1 series of photographs (22 numbers) and MO2 CD were taken. PW9 is the Advocate engaged by the victim to prefer a complaint under the Domestic Violence Act against her husband. PW10 is the attestor to Ext.P3 seizure mahazar. PW11 is the ASI of Thalapuzha Police Station. He was on special duty at Mananthawady police station. Ext.P4 seizure mahazar was prepared for the recovery of MO3 mobile phone, in which PW11 is an attestor. PW12 is the Special Village Officer of Panamaram Village Office and attestor to Ext.P5 seizure mahazar prepared in connection with the recovery of MO4 gold chain, MO5 currency notes, MO6 wooden stick, MO7 cardboard box and MO8 purse, which were seized from the Crl. Appeal No. 357 of 2013 :: 4 ::
house of the accused. PW13 is the attestor to Ext.P6 scene mahazar. PW14 is the husband of the victim who had identified MO4 gold chain and 'thali', MO9 wrist watch, MO10 phone, MO11 guarantee card of wrist watch and MO12 warranty card of the mobile phone as that of the deceased. PW15 is the owner of the rental house wherein the deceased was staying and an attestor to Ext.P7 search list for the room occupied by the deceased and identified MO11 guarantee card. PW16 was examined to prove that the deceased was last seen on 14.4.2010 while she was working as an attendant in the Veterinary Hospital, Pallikkunnu. PW17 issued Ext.P8 blood examination report of the deceased. The blood group of the deceased was found to be 'O' negative. PW17 is the Medical Officer-in-charge (Laboratory Services), District Hospital, Mananthawady. PW18 was examined to prove the sale of MO9 wrist watch. He had identified MO9 wrist watch and MO13 guarantee card. PW19 is a neighbour of the accused who witnessed the arrest of the accused. PW20 is another neighbour of the accused. PW21 is the Senior Crl. Appeal No. 357 of 2013 :: 5 ::
Manager of Idea Cellular Limited through whom Ext.P9 call details of the accused and Ext.P10 call details of the deceased were proved. PW22 is the Doctor who conducted postmortem examination on the body of the deceased. The cause of death is stated to be ligature strangulation. Ext.P11 is the Postmortem Certificate. PW23 is the Scientific Assistant, Crime Records Bureau, Mobile Forensic Laboratory, Malappuram who had collected samples after examining the house of the deceased. PW24 is the Secretary of Panamaram Grama Panchayat who issued Ext.P12 ownership certificate of the house of the accused. PW25 is the Village Officer, Cherukattoor, who prepared Ext.P13 scene plan. PW26 was examined to prove the purchase of MO10 mobile phone by the victim under MO11 warranty card. PW27 is the Head Constable who registered Ext.P1(a) FIR on the basis of Ext.P1 FIS given by PW1 on 18.4.2010 at 8.45 pm. at Vellamunda Police Station. PW28 is the Sub Inspector of Vellamunda Police Station, who conducted inquest on the body of the deceased and prepared Ext.P2 inquest report by which MO14 Crl. Appeal No. 357 of 2013 :: 6 ::
to MO45 were recovered. Ext.P14 report was submitted for including the offence under S.302 IPC. PW29 is the Investigating Officer- Circle Inspector of Police, Mananthawady
-who recorded the confession statement of the accused, Ext.P16, while he was under police custody. Ext.P22 is the FSL report of the material objects.
4. There is no eye witness to the alleged incident and hence the prosecution relied on the circumstantial evidence brought out through PW2, PW4 and PW5, three autorickshaw drivers, the recovery of MO4 to MO12 material objects proved through PW12, PW14 and PW18, call details of the accused and the deceased, exhibited as P9 and P10, proved through PW21 and the medical evidence adduced through Ext.P11 postmortem certificate and the oral testimony of PW22, the Doctor who conducted autopsy on the body of the deceased.
5. In Ext.P11, the following ante-mortem injuries were noted:
Crl. Appeal No. 357 of 2013
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