JOSEPH AND JOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant herein was put up for trial before the Additional Sessions Judge, Kottayam Division in Sessions Case No. 68 of 1994 charged of an offence punishable under Section. 302, I.P.C. for having committed the murder of the deceased Joseph alias Ouseppachen at about 8.15 pm. on 25th March, 1994. The trial Court accepting the evidence produced by the prosecution found the appellant guilty of culpable homicide. In the facts and circumstances of this case it held that though the deceased died as a result of the injuries sustained by him, it could not held that the appellant stabbed him with the intention of killing him. He, therefore, convicted the appellant for the offence punishable under Section 304. I.P.C. Part I and sentenced him to 8 years rigorous imprisonment. The appellant preferred an appeal before the High Court of Kerala at Ernakulam being Criminal Appeal No. 93 of 1996 A. The High Court by its impugned judgment and order of 20th July, 2001 dismissed the appeal. The appellant has appealed to this Court by Special Leave.

(2.) PW 1, the brother of the deceased lodged the FIR which was recorded by Sub-Inspector, PW 10 on 25th March, 1994. PW 1 is not an eyewitness but he was told about the incident by PW 2 who according to the prosecution had accompanied the deceased when the occurrence took place. PW 1 went to the place of occurrence and found the deceased lying in an injured condition. He arranged for his removal to the hospital, but on reaching the hospital the deceased was declared dead. Thereafter, he went to the police station and lodged the report in the night of 25th March, 1994.

(3.) The prosecution examined before the trial Court three alleged eyewitnesses namely PWs 2, 3 and 4. PWs 2 and 4 did not support the case of the prosecution. PW 3, however, deposed as an eye-witness and fully supported the case of the prosecution. The conviction of the appellant is solely based upon the testimony of PW 3 which finds corroboration from the medical evidence on record.