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2023 Supreme(Ker) 522

P. B. SURESH KUMAR, C. S. SUDHA
Mohanan S/o Guruswami – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : P.B. Ajoy.
For the Respondent: Ambika Devi S.

JUDGMENT :

P.B. SURESH KUMAR, J.

1. This is an appeal under Section 374 (2) of the Code of Criminal Procedure (the Code). The appellant is the sole accused in S.C. No. 496 of 2011 on the files of the Additional Sessions Court-II, Thodupuzha. He stands convicted and sentenced for the offences punishable under Sections 302 and 201 of the Indian Penal Code (IPC).

2. The wife of the accused Radha was found dead in their house on 28.02.2009. The accused has three children in his wedlock with the deceased. The first person to arrive at the house of the deceased on coming to know of the death is the mother of the deceased, Koluthai. On receiving information from Koluthai, the brother of the deceased, Rajan informed the death to the police on the following day and a crime was accordingly registered at about 9 a.m. on that day. Rajan had no clues as to the cause of death at the time of furnishing the information to the police. Consequently, the case was registered only under Section 174 of the Code. Later, the case was converted as one under Sections 306, 498A and 201 IPC. The investigation conducted thereupon revealed that it is a case of uxoricide and consequently final report has been filed

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