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1991 Supreme(Ker) 214

CHETTUR SANKARAN NAIR, K.T.THOMAS
State Of Kerala – Appellant
Versus
Mani Alias Chandran – Respondent


Judgment :-

THOMAS, J.

Mother-in-law of the appellant died due to drowning. Her dead-body was recovered from a stream flowing near her residence. Appellant is alleged to have pushed her into the stream to finish her off. As the trial Court exonerated him for want of evidence, State of Kerala has filed this appeal. Suo motu revisional proceedings have also been initiated by the High Court against the other of acquittal.

2. Story of the prosecution is this : The stream Mangattu Puzha (in Wayanad District) was on spate during monsoon in June, 1986 and water was flowing turbulently. Atmosphere in deceased's house was no less turbulent as the appellant was torturing his wife Ponnamma (P.W. 5) physically and mentally despite her pregnancy in advanced stage. Their's was not a negotiated marriage. Appellant was forced to marry her when she became pregnant through him. After marriage, the couple were staying with the parent of P.W. 5. Appellant used to come home in sozzled condition and flog his wife. On 20-6-86 appellant came by mid-night in his usual form and started showering assaults on Ponnamma. As her father (P.W. 3) could not stand this persecution, he interfered and begged of him to















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