IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

&

THE HONOURABLE MR. JUSTICE A.M.BABU

FRIDAY, THE 12TH DAY OF APRIL 2019 / 22ND CHAITHRA, 1941

CRL.A.No. 103 of 2014

AGAINST THE JUDGMENT IN SC 897/2013 of SESSIONS COURT,

KOLLAM DATED 24-01-2014

CP 96/2013 of JUDICIAL MAGISTRATE OF FIRST CLASS-

I,KOTTARAKKARA

CRIME NO. 153/2006 OF Kottarakkara Police Station, Kollam

APPELLANT/2ND ACCUSED:

G. RAJAMMAL

W/O. K.A.RADHAKRISHNAN, RAJAM VILLA, NEAR

KULAKKADA VHSS, ERATHKULAKKADA MURI,

KALAYAPURAM VILLAGE.

BY ADVS.

SRI.P.VIJAYA BHANU (SR.)

SRI.MALLENATHAN.M.

SRI.M.REVIKRISHNAN

SRI.VIPIN NARAYAN

Crl.Appeal Nos.103 & 200/14

-:2:-

RESPONDENT/COMPLAINANT:

STATE OF KERALA

REPRESENTED BY PUBLIC PROSECUTOR,

HIGH COURT OF KERALA, ERNAKULAM.

BY ADV.SMT.S.AMBIKADEVI, SPL.PP FOR ATTROCITIES

AGAINST WOMEN AND CHILDREN

THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON

26.02.2019, ALONG WITH CRL.A.200/2014, THE COURT ON THE

12.04.2019 DELIVERED THE FOLLOWING:

Crl.Appeal Nos.103 & 200/14

-:3:-

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

&

THE HONOURABLE MR. JUSTICE A.M.BABU

FRIDAY, THE 12TH DAY OF APRIL 2019 / 22ND CHAITHRA, 1941

CRL.A.No. 200 of 2014

AGAINST THE JUDGMENT IN SC 897/2013 of SESSIONS

COURT,KOLLAM DATED 24-01-2014

CP 96/2013 of JUDICIAL MAGISTRATE OF FIRST CLASS

-I,KOTTARAKKARA

CRIME NO. 153/2006 OF Kottarakkara Police Station, Kollam

APPELLANT/1ST ACCUSED:

BIJU RADHAKRISHNAN ALIAS K.R.BIJU

S/O.RADHAKRISHNAN, RAJAM VILLA, (NEAR KULAKKADA

V.H.S.S), ENATHUKULAKKADA MURI, KALAYAPURAM

VILLAGE KOTTARAKKARA, KOLLAM.

BY ADVS.

SMT.NISHA K.PETER

SRI.ALEX JOSEPH

RESPONDENT/COMPLAINANT:

STATE OF KERALA

REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH

COURT OF KERALA, ERNAKULAM-682031.

BY ADVS.

SMT.AMBIKA DEVI S, SPL.PP ATROCITIES AGAINST

WOMEN & CHILDREN

THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON

26.02.2019, ALONG WITH CRL.A.103/2014, THE COURT ON

12.04.2019 DELIVERED THE FOLLOWING:

Crl.Appeal Nos.103 & 200/14

-:4:-

J U D G M E N T

Shaffique, J.

Crl.Appeal No.200/14 is filed by the first accused and

Crl.Appeal No.103/2014 is filed by the second accused in SC

No.897/2013. The first accused has been found guilty and

sentenced to undergo imprisonment for life and to pay a fine of

`1 lakh with default sentence of rigorous imprisonment for 3

years for offence u/s 302 of I.P.C; rigorous imprisonment for one

year and to pay a fine of `1,000/- with default sentence of

rigorous imprisonment for 3 months for offence u/s 323 I.P.C. and

rigorous imprisonment for 5 years and to pay a fine of `50,000/-

in default of payment of fine to undergo rigorous imprisonment

for one year for offence u/s 201 I.P.C. Accused 1 and 2 are

sentenced to undergo rigorous imprisonment for 3 years and to

pay a fine of `50,000/- in default of which to undergo rigorous

imprisonment for 6 months each for offence u/s 498A of I.P.C.

Second accused is acquitted for the offence punishable u/s 201 of

I.P.C.

2. The short facts of the case are as under:-

Reshmi, wife of the first accused, was declared dead on

Crl.Appeal Nos.103 & 200/14

-:5:-

4/2/2006. The 2^nd accused is the mother of first accused. The

prosecution allege that, on the night of 3/2/2006, the first

accused picked up a quarrel with the victim, hit her on her head

and thereafter administered Ethyl Alcohol to her, and while she

was in an inebriated condition, he suffocated her with her dress

and caused death. To mislead the neighbours and make them

believe that the victim died due to cerebral hemorrhage, they

dragged her to the bathroom, made her to sit on the toilet,

removed the bathroom latch so as to make it appear that the

door was broken out from outside. They called some of the

neighbours and it was propagated that she died of hemorrhage.

The accused had also destroyed the Ethyl Alcohol bottle. While

the first accused w