JUDGMENT

Dated : 1st February, 2021 M.R.Anitha, J.

1.This appeal has been filed against the judgment in S.C. 571 /2015 on the file of Addl. Sessions Judge Muvattupuzha.

2.Prosecution case can be summarised as follows:- Accused was under mental stress since his wife was affected with Hepatitis B, a contagious disease and his daughter was physically challenged, deaf and dumb by birth and was incapable of taking care of herself. Due to the illness of the wife, none of the friends, relations and neighbours are turning up to their house also. Out of that desperation with intention and preparation to do away with the wife and daughter in between 12 midnight on 27.1.2015 and 2.30 am on

28.1.2015 accused intentionally caused the death of his wife at the bed room situated on the south eastern corner on the ground floor and the daughter was killed in the hall by smothering and strangulation using pillow and bath towel (MO2 and 3) and by clobbering them with the blunt edge of MO4 chopper and with MO1 spanner on the head and face. Both of them succumbed to the injures at the spot. Thereby accused committed offence under S.302 IPC.

3.Immediately after the incident accused informed the matter over land phone to PW2 the neighbour. PW2 in turn informed the matter to PW1 the nephew of the accused and he along with his brother and PW5 came to the house of Pw2 and all of them together went to the house of the accused and saw the accused and dead bodies inside the house. Thereafter Pw1 went to the police station and lodged the FIS Ext.P1. PW 18 the SHO Kunnathunadu recorded the FIS of PW1 and registered Ext.P20 FIR. In the meantime the bodies of the deceased were taken to TD Medical College and PW10 and 12 conducted postmortem on the body of the deceased persons. PW20 the Inspector of Police Kunnathunadu took charge of the investigation. PW19 the Scientific Assistant visited the spot of incident and collected the blood stains from the floor near the head of the deceased persons and the wall. The report of the Scientific Assistant is marked as Ext.P21. Pw16 who was the CPO attached to the Kunnathunadu Police Station was on surveillance duty of the accused. PW5 was the SCPO attached to Kunnathunadu Police Station who went to the house of accused on getting information regarding the murder while doing night patrol duty and saw the accused and the two dead bodies inside the house. PW17 was the Head Constable attached to Kunnathunadu Police Station who was a witness in Ext.P18 seizure mahazar of DVD. Ext.P19 is the seizure mahazar for seizing the photos-Ext.P14 and CD–Ext.P15.

4.PW11 was the Village Officer who prepared Ext. P11 site plan (ground floor) and Ext.P12 the first floor).Pw8 is the witness in Ext.P9, inquest carried out of Elizabeth, the deceased daughter of the accused. Ext.P6 is the inquest carried out of Annamma, the deceased wife of the accused. PW5 signed it as witness. Further PW20 questioned the witnesses, collected evidence and final report was filed before the JFCM Court, Kolencherry.

5.On the side of prosecution PW1 to 20 were examined, Ext.P1 to P34 were marked and MO1 to 12 were identified and marked. Thereafter on questioning the accused, he denied all the incriminating facts and circumstance put to him and filed additional statement . DW1 and 2 were examined and Exts.D1 to D4 marked from the side of the accused. After hearing both sides court below found the appellant/accused guilty under Sec.302 IPC and sentenced him to undergo imprisonment for life and to pay fine of Rs.50000/- in default to undergo Rigorous Imprisonment for six months.

6.Assailing the conviction and sentence, appellant/accused came up in appeal before this court for various grounds stated in the memorandum of appeal.

7.Lower court records were called for and perused. Heard the learned counsel for the appellant and the learned Special Public Prosecutor.

8.Though various grounds are raised in the Appeal memorandum assailing the conviction and sentence, the argument