A. DEVADAS Vs. STATE OF KERALA

JUDGEMENT

(1.) Aggrieved by the conviction under Sec.302 IPC and imposition of life sentence, the accused in Sessions Case No.1303/2015 before the Special Additional Sessions Judge (Marad Cases), Kozhikode, has come up in appeal.

(2.) Heard the learned counsel for appellant and the learned senior Public Prosecutor.

(3.) The prosecution case, as borne out from the charge framed by the Sessions Judge, is that on 7.7.2008 at about 9.45 pm, the appellant caused death of Jaleel, who is the husband of PW19 by inflicting a cut injury on the victim's neck with a shaving blade resulting in his death. He had also wrongfully restrained the victim and beat him with bare hands. The appellant therefore was charged under Secs. 323, 341 and 302 IPC . After trial he was acquitted under Secs.341 and 323 IPC , but held liable under Sec.302 IPC . Imprisonment for life and fine of Rs.25,000/- was imposed on him. Ext.P10 is the First Information Statement (FIS) lodged by PW19. According to her version in Ext.P10, the incident happened at about 10.45 pm on 7.7.2008 by the side of a public road near the railway station, Kozhikode. She lodged Ext.P10 at 0045 hours on 8.7.2008. According to the averments in Ext.P10, she and her husband (the deceased) were eking out livelihood by collecting scrap. On the date of occurrence, they gained Rs.65/-. At about 8.30 in the night, they went to a local bar and consumed liquor. Thereafter, they had taken some porridge and came to the Link road, Kozhikode and sat on the footpath. While they were talking to each other, the appellant came and invited the deceased and PW19 to have a drink. Again they went to take liquor and after consuming liquor, they proceeded to take food to a nearby hotel. At that time the appellant demanded the deceased that PW19 should be spared to satiate his sexual desire for which the deceased was not willing. On that score, there were altercations and scuffle. It happened from the side of Link road, leading to railway station. In the course of melee, the appellant slashed neck of the victim by using a shaving blade and the victim fell down. He was profusely bleeding. Appellant took to his heel and persons gathered at the place of occurrence took the victim to Beach hospital, Kozhikode. Doctor, when examined, found the victim dead.