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Jobin Sebastian, J.

The sole accused in S.C. No.269/2014 on the file of the Sessions Court, Kottayam, has preferred this appeal challenging the judgment of conviction and the order of sentence passed against him for the offence punishable under Section 302 of the Indian Penal Code.

2. The prosecution case in brief is as follows:

The accused and the deceased, who were husband and wife, were residing together with their children, PW2, PW3, and CW4 (not examined), at Thiruvanchoor Parampukara Colony. While residing there, the accused attempted to molest PW2, his elder daughter and hence the relationship between the accused and the deceased got strained. Apprehending that the accused would again attempt to sexually abuse her daughter when she was away at work, the deceased left the company of the accused and started to reside in her brother's house located at Chanthakadavu along with her children. Infuriated by the same, the accused, with an intention to do away with his wife, on Crl.Appeal No.1389 of 2019 :: 3:: 2025:KER:92598 20.03.2014 at 8:00 a.m., at a concrete road proceeding from Chanthakadavu, stabbed her twice on the left chest beneath the left nipple of her breast and pushed her down into a nearby canal. Although the injured was immediately taken to a hospital, she succumbed to the injuries during medical examination.

10. It is apparent that the prosecution primarily relies on the direct testimony of PW3 to establish the occurrence in this case. Before examining the reliability and credibility of PW3's evidence, it is appropriate to consider the medical evidence adduced regarding the nature of the injuries sustained by the deceased and the cause of death. It is evident that immediately Crl.Appeal No.1389 of 2019 :: 12:: 2025:KER:92598 after the incident, the injured was taken to the District Hospital, Kottayam. The doctor at the said hospital who examined the injured and issued the wound certificate was examined as PW13. Referring to the wound certificate, which was marked as Ext.P13, the doctor deposed that it was on 20.3.2014, she examined the injured in this case and issued Ext.P13 wound certificate. According to her, the patient was unconscious when brought to the hospital. The patient's pulse and respiration ceased after three minutes. The body was covered with mud, and she noted two small lacerated wounds on the left breast. According to PW13, the death was due to Asphyxia and the death was declared at 8.40 am. During the Chief examination, she further stated that the death was due to asphyxia and the result of a fall into the mud. According to PW13, the alleged history യ ലക യ ക ന സമയത ഭർത വ കത കക ണ ക ത യ യ ഷ കണത ' ൽ തള യ ടത ൽ വച (While going to work, the husband stabbed her with a knife and pushed her into a canal). PW13 deposed that the said history was stated by those who brought the patient to the hospital.

11. A conjoint reading of the testimony of PW13, the doctor, along with Ext.P13, the wound certificate issued by her, clearly Crl.Appeal No.1389 of 2019 :: 13:: 2025:KER:92598 establishes that immediately after the incident, the injured was taken to the hospital, where she succumbed to her injuries within about three minutes of her arrival. The medical evidence further indicates that the body of the deceased was covered with mud, and PW13 noted two small lacerated wounds on the left side of the breast.

1. Incised penetrating wound 3x2cm, oblique on left side of front of chest (on breast at the 4'o' clock position) its lower inner blunt end 19cm outer to midline and 15cm below collar bone. The wound entering the chest cavity through sixth intercostal space and terminated by piercing the apex of heart.

The wound track directed downwards backwards and right for a total minimum depth of 10cm. Left chest Crl.Appeal No.1389 of 2019 :: 14:: 2025:KER:92598 cavity contained two litres of blood mixed with clots and lung was collapsed.