JUDGMENT

G.Girish, J.

The judgment dated 21.10.2017 of the Additional Sessions Judge-II, Kollam in S.C.No.584/2014, is under challenge in this appeal. As per the above judgment, the appellant, who is the sole accused in that case, was convicted for the commission of offence under section 452 and 302 I.P.C, and sentenced to life imprisonment and fine Rs.1,00,000/- for murder, and rigorous imprisonment for three years and fine Rs.5,000/- for house trespass.

2. The victim of the offence, who is said to have suffered death at the hands of the appellant, is the mother-in-law of the appellant. The appellant is stated to be having turbulent and vociferous marital life, with the habit of regularly subjecting his wife (PW2) to physical and mental torture. The incident involved in this case is said to have happened at 10:30 A.M on 07.10.2013. On the previous day evening as well as in the morning of that day, the appellant is alleged to have subjected his wife to severe physical torture and chased her with the knife. At the time when the appellant went out of the house, affording a short respite to his violence, his wife and children are said to have approached the Kundara police to lodge a complaint against him. At the time when PW2 was waiting at the Kundara Police Station, the appellant is said to have criminally trespassed into the nearby house where the deceased was taking care of her mother (PW1), and stabbed her with a knife (MO3) upon her left chest, in front of PW1, an octogenarian lady, causing a deep penetrating injury of 10 cms puncturing the lateral wall of the left ventricle of her heart. The injured is said to have moved a few steps to the veranda of that house and collapsed. The appellant allegedly went out of that house without any compunction. Getting information through phone about the incident, PW2 alerted the police personnel of Kundara Police Station where she was waiting for lodging a complaint against the appellant about the domestic violence perpetrated against her. Thereupon, PW10, an Additional Sub Inspector along with another Civil Police Officer, is said to have immediately proceeded to the scene of crime in a motorbike, and PW2 and her children followed in an autorickshaw. The victim was taken to the hospital at the instance of PW2, but she succumbed to the injury on the way. The appellant who was present at the premises of the house where the crime was committed, was taken to the Kundara Police Station by PW10 and his associate. PW10 gave a report (Ext.P3) to the SHO of Police, Kundara about the incident, and accordingly Ext.P3(a) F.I.R was registered against the appellant for the commission of offence under Section 302 I.P.C, by the S.I of Police, Kundara (PW12). PW12 proceeded to the District Hospital, Kollam, conducted the inquest and made the arrangements for autopsy. PW13, the C.I of Police, Kundara took over the investigation on the same day (07.10.2013) and arrested the appellant at 4:00 P.M. He prepared the scene mahazar and completed the other procedural formalities including the recovery of weapon of offence on the basis of the disclosure statement given by the appellant. Steps were also taken for the scientific analysis of material objects. After the completion of the investigation, PW13 laid the final report in respect of the commission of offence under section 452 and 302 I.P.C by the appellant.

3. The learned Additional Sessions Judge-II, Kollam before whom the case was made over after committal, proceeded with the trial with the framing of charges under Sections 452 and 302 I.P.C against the appellant. The charge was read over and explained to the appellant, to which he pleaded not guilty. 15 witnesses were examined from the part of the prosecution as PW1 to PW15 and 13 documents marked as Exts.P1 to P13. MO1 series, MO2 series and MO3 were identified as material objects. After the close of prosecution evidence, the statement of the appellant under Section 313(1)(b) of the Code of Criminal Pro