- (1.) THE appellant, Mathew, alias, Sunny, has been convicted by the High Court of Kerala under S.302 of the Indian Penal Code, and sentenced to death. He was previously tried and acquitted by the Additional Sessions Judge, Mavelikkara, and hence this appeal has been brought to this Court under Art.134 (1) (a) of the Constitution.
(2.) THE facts of the case are as follows: Sunny was married to Ammal, the deceased, in 1951. After their marriage, the couple resided at Melamparambil House with the appellantï¿ 1/2s father, Dr. Markose, who was a retired Medical Government servant but who was carrying on some private practice. Three children were born of this marriage, and it appears, that the husband and wife lived happily till a third party appeared on the scene. Sunny was employed as a Lecturer in St. Berchmanï¿ 1/2s College, Changanacherry. Later, he opened a Tutorial College of his own, called Sunnyï¿ 1/2s Tutorial College, which, it appears, brought him a large income. The employers of Sunny naturally did not like him to divide his attention between his Tutorial College and his employment. They accordingly dispensed with his services. Thereafter, Sunny continued his Tutorial College with some success. In his Tutorial College there used to attend a student by name, Lizzy (Pw. 12), with whom Sunny developed an illicit intimacy. This Lizzy was studying in St. Josephï¿ 1/2s College in Alleppey, some 30 miles away from Thiruvalla, where the Tutorial College was situate. Sunny and Lizzy used to meet together, and it appears that Sunny took her to various places where the two resided as man and wife. They used to correspond in letters, which were written in simple code. In January 1957 Ammal went away to reside with her brother (Pw. 33; and mother. She went for the purpose of preparing for the Intermediate Examination of the Ajmer Board. She also took training in shorthand and typewriting under Pw. 22. Meanwhile, the letters of Sunny and Lizzy were intercepted by the St. Josephï¿ 1/2s College authorities. Some of these letters and also a letter written by Sunny to Lizzy which had not been posted, fell into the hands of his wife. Ammal returned to the Melamparambil House sometime in October 1957. Sunny appears to have joined her on her way back Ernakulam, and both got down from the boat at Vycome. They then went to live again at the Melamparambil House. In November 1957, Dr. Markose, the father of the appellant, sent a letter, Ext. P3, to the Principal of the St. Josephï¿ 1/2s College, requesting that Lizzy should be asked to break off her relations with his son. In the same month, on the 27th, Ammal went to the College, and met Lizzy. Though Ammal had promised to the Principal and the Warden that she would behave herself, she apparently lost her temper and slapped Lizzy. Both the Principal and the Warden depose that Ammal soon regained her composure, and apologised to the girl. Later the College authorities persuaded Lizzy to write a letter, Ext P. 38, in which Lizzy requested Sunny to forget her. That letter was probably not sent. On November 28, 1957, Lizzy however, wrote to a common friend, Ammukutty (P.w. 15), about the slap she had received from Ammal. The scene now takes us to December 22, 1957, when the occurrence took place.
(3.) AT about 10 a. m. on that day, Sunny started to go out in his car. Ammal, who previously had not allowed Sunny to go out alone anywhere, not even to the Tutorial College, promptly sat in the car, without even caring to change her house clothes into day clothes. They then went over to the house of Ammukuttyï¿ 1/2s husband (Pw. 31), who it appears, surreptitiously handed over a letter of Lizzy to Sunny. Ammal remained seated in the car, and when the couple wanted to start back for the Melamparambil House, it was found that she had pulled out all the ignition wires and rendered the vehicle immobile. A mechanic had to be sent for to put the car in order, and the couple returned to the House at about 4 p. m.;