VINOBHAI Vs. STATE OF KERALA

JUDGEMENT

(1.) The Trial Court has convicted the appellant for the offence punishable under Sec. 302 of the Indian Penal Code, 1860 (for short, 'the IPC'). He was sentenced to undergo life imprisonment and to pay a fine of Rs.1,00,000.00. In default of payment of fine, he was sentenced to undergo rigorous imprisonment for six months. The conviction and sentence of the appellant have been confirmed in the appeal by the High Court of Kerala.

(2.) The allegation against the appellant is that on 31/12/2010, at about 11:45 am, he stabbed Ramakrishnan (deceased) with a knife. Grievous injuries were caused to the deceased as a consequence of which, he died. According to the case of the prosecution, there was previous enmity between the appellant and the deceased as he was involved in the murder of the appellant's elder brother.

(3.) The learned counsel appearing for the appellant has taken us through the evidence of the prosecution witnesses. He submitted that the conviction is based on the testimony of two alleged eyewitnesses namely, Shaju (PW-4) and Suresh (PW-5). He submitted that another witness, Thressiamma (PW6), did not support the prosecution. He submitted that the evidence of PW-4 does not inspire confidence. His version that the appellant inflicted two to three stabs on the deceased is an omission. He submitted that even his statement that he had seen the incident from a distance of fifteen feet was an omission. Inviting our attention to the evidence of PW-6, he submitted that his allegation against the appellant of having inflicted two to three stab wounds on the deceased is an omission. He submitted that both eyewitnesses appear to be chance witnesses. He also submitted that even according to the version of these two witnesses, there were other eyewitnesses who were not examined by the prosecution. Therefore, an adverse inference deserves to be drawn.