Occurance witness not named in the F.I.R. can be held unreliable.

Manoharan, J.

Accused was charged under Secs.302, 392 and 397, I.P.C. for causing the death of his wife Moly alias Mariyam and having robbed her studs worn by her. Learned Sessions Judge, Wayanad found the accused guilty of the offence punishable under Sec. 302, I.P.C., convicted and sentenced him to death. He was acquitted of the offences punishable under Secs. 392 and 397, I.P.C. The accused challenges the said conviction and sentence in this appeal; the reference is for confirmation of the death sentence imposed on the accused.

2. The prosecution case can be summarised as follows:

Accused married Moly alias Mariyam and was living with her in her house at Perunkulam in Vellamunda amsom and desom in Wayanad District. Accused picked up quarrel with Moly on suspicion that she had illicit intimacy with P.W.14 and tried to strangulate her. Thereafter he left Moly. She had a son (P.W.4) in her previous marriage and after the accused left she was living on the income by selling milk of her cow to the cooperative society. Accused left Moly about an year before the occurrence in this case which was on 11. 1990. As usual in the early morning of 11. 1990 Moly was proceeding to the Milk Co-operative Society situated at Pulinjal through the Perunkulam-Pulinjai road and when she reached the scene of occurrence accused who was lying in wait for Moly pounced upon her and inflicted cut injuries on her neck with

M.O.2 knife. On receiving the cut injury of the neck she fell. P.W.1 who was coming through the road from Muthakkara to the Milk Co-operative Society for selling milk when reached the junction where the Perinkulam road joins, saw P.W.5 a neighbour who too was proceeding to the Milk Co-operative Society. A brook crosses the road to the Milk Society a little away from the junction. When P.Ws.1 and 5 just reached opposite side of the thodu a cry of a woman attracted their attention; P.W.5 asked P.W.1 to go and see what has happened. P.W.1 handed over the milk can to P.W.5 and rushed to the place from where the cry was heard. When he reached the junction P.W.8 was seen coming in an agitated condition. Then he saw Moly lying in a pool of blood a little away and the accused sitting by her side engaged in snatching the studs from her ears. When P.W.1 approached, the accused threatened him with M.O.2. He ran to P.W.5; by that time P.W.7 also reached the place where P.W.5 stood. He conveyed what he witnessed. They then went to the place where Moly was lying and found her dead. Accused had by that time left. Thereafter P.Ws.1 and 5 proceeded to the society and after selling milk they along with others proceeded to the police station and P.W.1 tendered Ex.P-1 F.I. statement before P.W. 23, Sub-Inspector of Police. On the basis of Ex.P-1 he registered Ex.P-1(a) F.I.R. against the accused under Sec. 302, I.P.C.

3. Investigation was taken over by P.W.24 he went to the scene of occurrence and held Ex.P-3 inquest. In the meanwhile he informed P.W.20, the Finger Print Expert who reached the scene of occurrence and on noticing three finger prints on M.O.2 knife which was lying at the scene he developed and preserved the same and affixed his initials. Under Ex.P-3 inquest P.W.24 seized M.O.2 knife, M.O.3 milk can carried by Moly and M.Os.4 to 12 personal belongings of Moly. The dead-body was sent for postmortem. Autopsy was conducted by P.W.17. He issued Ex.P-7 post-mortem report. P.W.24 also prepared Ex.P-2 scene mahazar on the next day.

4. At about 5 p.m. on 11. 1990 the accused was arrested from a place at Kappundikkal by P.W.23, Sub-Inspector of Police. He seized M.O.1 blanket worn by the accused and also M.Os.14 to 19 of which M.O.17 is the pieces of studs wrapped in M.Os.15 and 16 kept in the pocket of M.O.14 shirt worn by the accused. P.W.22, police photographer took photos of the finger prints on the knife; Exs.P-13 and P-14 are the photograph and enlargement, and Exs.P-13(a) and P-14(a) are the negatives respectively of Exs.P-13 and