VELAN KUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant was convicted under Section 302, I.P.C. for causing death of Kandamuthan on 25-5-89 at about 9.30 p.m. by the Court of Session, Pallakad, in Sessions Case No. 110 of 1989. His appeal (Crl. A.No. 458/90) to the High Court of Kerala was dismissed.

(2.) Though the assault was seen by four witnesses, only PW1 supported the prosecution. Believing his evidence, the trial Court convicted the appellant. The High Court has also believed his evidence. The High Court also held that the evidence of PW1 received support from the circumstance that the appellant had surrendered before the police on the next day at Kollengoda police station with a blood stained chopper on which subse-quently human blood was found and the hairs found on it were also reported by the Forensic Science Laboratory to be the same as those of the deceased.

(3.) We have gone through the evidence of PW1 Nagmani with whom the deceased was till one minute before his death. The deceased had come to the house of PW-1. Within a few seconds after he left that place PW1 heard sound of falling of a cycle. He, therefore, looked into that direction and saw that the appellant was giving blow to his friend with a sword. He immediately rushed to that place which was about 30 feet away from the gate of his house. The appellant ran away from that place. PW1 then lifted the deceased and brought him near his gate. The deceased had also told him that it was the appellant who had deceived him indicating thereby that the appellant had caused injuries to him. Both the Courts have believed the evidence of PW-1. We see no reason to differ from the findings recorded in this behalf by both the Courts below.