STATE OF KERALA Vs. SASI

JUDGEMENT

(1.) On 2/11/1990 at about 4.15 p. m. , the respondent gave blows to the deceased Kunhuvareed on his head with a bamboo stick. Those blows resulted in fracture of the skull and multiple lacerated wounds on the head with resultant damage to the brain. The deceased died in the hospital on 13/11/1990 at about 3.25 a. m. A case was registered and investigation taken in hand. After completion of the investigation, the respondent was committed to stand trial in the court of Session for an offence under Section 302 Indian Penal Code. The prosecution examined 20 witnesses including PWs 15, 16 and 17 the three medical witnesses, and PWs 1, 2 and 3 as the eyewitnesses. At the trial, however, Public Witness 1 and Public Witness 2 turned hostile, after admitting the occurrence to have taken place on the date and at the time alleged by the prosecution. The learned trial court, after appreciation of evidence and considering the defence documents and the statement of the respondent, found the respondent guilty of an offence under Section 302 Indian Penal Code and convicted him accordingly. He was sentenced to undergo imprisonment for life vide judgment dated 15/11/1991. The respondent's appeal to the High court partly succeeded and while accepting the genesis of the prosecution case, the High court altered the conviction from under Section 302 Indian Penal Code to one under Section 326 Indian Penal Code and sentenced the respondent to undergo five years' Rl vide judgment dated fr4-1995. The State has Filed this appeal against the acquittal of the respondent for an offence under Section 302 Indian Penal Code by special leave.

(2.) We have heard learned counsel for the parties.

(3.) The respondent has not questioned his conviction. He has not filed any SLP. A perusal of the evidence on the record clearly establishes that the occurrence took place in the manner suggested by the prosecution and that on2/11/1990 at about 4.15 p. m. at the Toddy shop in the village, the respondent gave blows to the deceased on his head with the bamboo stick. The evidence also reveals that the deceased was removed to the hospital in a seriously injured condition and he remained in coma till he breathed his last on 13/11/1990. The prosecution has, thus, successfully established that it was the respondent who had caused injuries on the head of the deceased on the fateful night. The only question, however, is about the nature of offence.