The main legal point established in the judgment is that the intentional infliction of fatal injuries, the premeditated nature of the attack, and the recovery of the murder weapon supported the conviction for murder under Section 302 of IPC.

Aggrieved by the judgment dated 18.10.2013 and order on sentence dated 21.10.2013, passed by the Court of Session at Thalassery in S.C.No.1/2012, the appellant is before this Court.

2. Facts, shorn of unnecessary details, as unfolded by the prosecution are mentioned hereinbelow:-

The appellant/accused Sayishkumar and the deceased Ambili, daughter of PW2 Achuthan and PW3 Radha, got married on 17.5.1993 at Sreekrishna Swamy Temple, Mahe and out of the aforesaid wedlock, PW4 V.Dhanya and PW7 V.Dharesh were born. The deceased at the time of marriage was employed as an 'Anganawady' worker for sometime and thereafter, the deceased was working as a salesgirl in a nearby shopping complex and the appellant was employed as a driver. The relationship between the appellant and the deceased was cordial during the first two years. The couple was initially living at Bombay for some time where the appellant was a professional driver and thereafter, settled down at the residence of the appellant. While so, the relationship between the appellant and the deceased became strained. Consequently, the deceased and children left the matrimonial home and started residing at her paternal house by name Panolikandyil House bearing Door No. XII- 101 at Kariyad Panchayath, Peringhathoor Amsom, Settumukku. The appellant was in the habit of demanding more and more money as dowry and constantly suspected the fidelity of the deceased. He was a habitual drunkard. During the month of May,2011, the accused forcibly took his son PW7 along with him to his house and locked him in a room and was set free only by the intervention of the neighbours. Subsequent to this incident, the deceased had filed a complaint before the jurisdictional Magistrate against the accused on 13.6.2011. The case was referred to the Police for investigation. After conducting the investigation, the Police filed a charge sheet against the appellant and the court below took cognizance of the offences. C.C.No.463/2011 was pending against the accused.

3. On the fateful day of 5th July, 2011, at around 8 pm., PW2 was sitting on the veranda of his house. His wife PW3 was inside the house and was cutting vegetables. PW2's granddaughter (PW4) was sitting in the office room and his grandson (PW7) was studying on the upper floor of the house. All of a sudden, the appellant came to PW2's house through the steps leading to the house and the latter saw the appellant only when he was barely ten metres away from him. On confronting the appellant, PW2 tried to shut the entrance door. However, the appellant forcefully intruded into the house and started to abuse the deceased, who was cooking food in the kitchen. Seeing him, the deceased ran from the kitchen through the courtyard towards the gate in order to escape from the clutches of the accused. However, the appellant overpowered her, caught hold of her from her back, dragged her towards him, threw her on the ground and inflicted stab injuries on various parts of her body with MO1 chisel, he possessed. PW2 tried to prevent the appellant from inflicting further injuries on her, by holding him away from her. On hearing the hue and cry, some neighbours rushed to the house. The accused ran away from the spot, throwing away the chisel. Immediately after the occurrence, the deceased was taken to the Indira Gandhi Memorial Hospital at Thalassery. When the deceased was lifted from the place of occurrence, injuries were noted all over the body and her body was completely drenched in blood. The deceased succumbed to the injuries later at 9.30 p.m.

4. At about 11.25 p.m., PW1, who is none other than the uncle of the deceased, lodged Ext.P1 FIS before the SHO, Chokli Police Station touching the occurrence. On receiving the information, PW20 recorded Ext.P1 FIS and registered Ext.P1(a) FIR.

5. The appellant was arrested on 6.7.2011. After completion of the investigation, the Police filed a charge sheet against the appellant before the Judicial First Class Magistrat