LUIS THOMAS @ JOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal has been preferred by the appellant challenging the judgment of conviction and order of sentence passed by the 1st Additional Sessions Judge, Thalassery dated 27/03/2015 by which the appellant was found guilty for offence under Section 302 of the Indian Penal Code, 1860 (for short ' I.P.C .') and was sentenced to suffer imprisonment of life and to pay a fine of Rs. 25,000/- (Rupees Twenty Five Thousand only) with a default stipulation of simple imprisonment for two years.

(2.) Case of the prosecution is as follows: On 22/04/2012 at about 22.15 hours, the appellant/accused picked up quarrel with Kovvalkandathil Babu, a resident at Shamsada quarters at Puthiyatheru at Chirakkal. Babu had beaten the appellant on his face. Thereafter, the appellant had gone to the shed situated near the house belonging to Kunhikannan having No.298 of Ward No.XV of Chirakkal Grama Panchayath, where he was residing and Babu followed him and thereafter scuffle occurred and the accused had taken a knife kept by him and stabbed Babu on his stomach with the intention of causing his death. Babu succumbed to the injuries.

(3.) To prove the said allegation, prosecution examined PW1 to PW18 as witnesses, marked Exts.P1 to P19 documents and identified MO1 to MO14 as material objects. After the closure of the prosecution evidence, the appellant herein was questioned under Section 313 of the Code of Criminal Procedure, 1973 (for short ' Cr.P.C .') to give him an opportunity to explain the incriminating circumstances appeared in evidence against him. He pleaded innocence. He further stated that he was not present in the place on the date on which Babu died. He reached Puthiyatheru late in the night. While he was sleeping, two policemen called him at 12.00 a.m. They asked him to come to police station. They tortured him and kept him in the custody. On the next day, Circle Inspector of Police obtained his signature in a plain white paper and told him that they had recorded his confession statement. Actually, no confession statement was given by him. He neither produced any articles before police. Prior to taking him to the shed, two policemen had kept a knife under a coconut tree and kept dhothi and shirt worn by him, in the shed. Police arranged one Rajesh who was in loggerheads with the appellant and they created evidence to the effect that the accused has produced the knife, dhothi and shirt to the police. Prakashan, Muralidharan, Rajesh and Babu were his friends and they used to play cards and they played card one week prior to the incident. Rajesh and Babu picked up quarrel and Rajesh threatened Babu. He reiterated that he is innocent and that he is falsely implicated.