LAWS(KER)-2020-2-376

SUNIL KUMAR Vs. STATE OF KERALA

Decided On February 06, 2020
SUNIL KUMAR Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) Appellant Sunil Kumar @ Sunil is the sole accused in the case. He is before us in appeal challenging the verdict passed against him by the learned 1st Additional Sessions Judge, Mavelikkara in S.C. No.645 of 2013 dated 29/11/2014 by which he was found guilty for offences under Section 302 and Section 392 of the Indian Penal Code, 1860 (for short 'IPC') and was sentenced to undergo imprisonment for life and to pay a fine of Rs.25,000/- (Rupees Twenty Five Thousand only) for offence under Section 302 of I.P.C. and further sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs.10,000/- (Rupees Ten Thousand only) for committing offence under Section 392 of I.P.C. Fine amount, if realized, was directed to be paid to PW3 Pookunju as compensation under Section 357 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'). Substantive sentences were directed to run concurrently.

(2.) Case of the prosecution is as follows:

(3.) To prove the case against the appellant, prosecution relied on oral testimonies of PW1 to PW39, documentary evidence Exts.P1 to P43 and material objects MO1 to MO17. After closing the evidence of the prosecution, appellant was questioned under Section 313 of Cr.P.C. with a view to enable him to explain the incriminating circumstances appearing in evidence against him. In addition to his oral replies, he filed detailed statement also which, in brief, is as follows:-