Important points:
Whenever any relative or friend of any person detained under the provisions of section 330 or section 335 desires that he shall be delivered to his care and custody, the State Government may, upon the application of such relative or friend and on his giving security to the satisfaction of the State Government, that the person delivered shall be properly taken care of and prevented from doing injury to himself or any other person; be produced for the inspection of such officer, and at such times and places, as the State Government may direct.

JUDGMENT :

N.ANIL KUMAR, J:

This appeal is directed against the judgment of the Additional Sessions Judge-I, Alappuzha convicting the appellant for having committed offences punishable under Sections 449, 307 and 302 of the Indian Penal Code, 1860 (for short 'IPC') and sentenced to undergo rigorous imprisonment for five years and also pay fine of Rs.1000/-, in default to undergo rigorous imprisonment for ten days for the offence punishable under Section 449 IPC; to undergo rigorous imprisonment for seven years and to pay fine of Rs.1000/-, in default to suffer rigorous imprisonment for ten days for the offence punishable under Section 307 IPC; and to undergo imprisonment for life and also to pay fine of Rs.1000/-and in default to undergo rigorous imprisonment for ten days for the offence punishable under Section 302 IPC for committing uxoricide.

2. The prosecution case in brief is that on 20.7.2013, at about 5 p.m., the accused, who is the husband of deceased Vinodini, went to the house owned by PW2 Kanakamma,the mother of deceased Vinodini bearing Door No.IV/382 of Patiyoor Panchayath and village and when PW2 hesitated to open the door, the accused uttered abusive words against her, forcefully entered the house and questioned as to why the cases pending against him were not withdrawn. Later, when PW2 was engaged in household duties, the accused demanded the key of the cupboard. PW2 refused to give the key of the cupboard as demanded by the accused. Feeling agitated, the accused went out, took out a snapper knife from his motorcycle bearing registration No.KL-04/T-8372, entered the hall of the house and stabbed her on her abdomen. On seeing this, his wife-Vinodini made an attempt to obstruct the illegal act of the accused, whereupon she was wrongfully confined and again stabbed PW2 which hit behind her left ear. When the knife had broken, he threw away the same in the hall, entered the kitchen, took out a steel knife and stabbed Vinodini incessantly. When she went out to the front courtyard of the house, for escaping from the clutches of the accused, the accused followed her and again attacked with the knife at the earthen road, north-east of Thazhvaram Bindu Bhavan. As a result of the assault, Vinodini succumbed to the injuries and PW2 sustained grievous injuries.

3. For the occurrence in question, PW1 lodged Ext.P1 First Information Statement (FIS) before PW22 the then Station House Officer, Kareelakkulangara Police Station. On the strength of Ext.P1 FIS, PW22 registered Ext.P22 First Information Report (FIR).

4. PW 23 took over the investigation in this case immediately after the occurrence. On getting information that the deceased and her mother were taken to the Government Hospital, Kayamkulam for treatment, PW23 also went there, identified the accused, removed him to the Kareelakkulangara Police Station and kept him there under the safe custody of PW22 under surveillance till the accused was arrested the next day. While in custody, on the basis of the confession statement given by the accused, MO3 knife and MO13 rain coat were recovered in accordance with Section 27 of the Evidence Act. PW23 collected Ext.P15 certificate issued by the Secretary of Grama Panchayat to prove the issuance of residence certificate. On his request, PW18- the Village Officer prepared Ext.P16 plan and also issued Ext.P17 possession certificate of the property which is in the name of deceased Vinodini. During the course of investigation, PW20 the Motor Vehicle Inspector, inspected the motor vehicle bearing Regn.NO.KL-04/T-8372 and issued Ext.P19 report. PW23 questioned the witnesses, recorded their statements, collected material evidence including scientific evidence and filed the final report before the jurisdictional court.

5. After complying with the usual formalities, the learned Magistrate committed the case to the court of Sessions, Alappuzha. The learned Sessions Judge took cognizance of the offences under Sections 449,307 and 302 of the IPC aga