STATE OF KERALA Vs. SWARNAPPARI

JUDGEMENT

(1.) This is an appeal filed by the State against the acquittal of the accused in SC No. 79 of 1994 on the file of the I Additional Sessions Judge, Thiruvananthapuram. The offence was alleged to have committed more than two decades ago. It is alleged that accused was absconding. After he surrendered before the Magistrate Court, the case was coming for trial after 17 years of occurrence. The advocate of the appellant who filed vakalath before this Court died and Public Prosecutor reported that his information is that accused also is dead. But despite granting time, Public Prosecutor was not able to produce death certificate. Therefore, we are considering the merits of the case. To prove the case prosecution heavily depends upon S.299 of the Criminal Procedure Code.

(2.) The prosecution case as summarised by the learned Sessions Judge is as follows:

(3.) PW 1 who gave FI statement did not see the incident. He saw the deceased on the side of the road with bleeding injuries. PW 1 along with others took him to Nedumangad Government Hospital. PW 6 doctor examined him and declared him dead. There is no dispute regarding identification of the dead body or injuries on the dead body. There were two deep penetrating incised wounds in the chest and each of the injuries were sufficient to cause death. Those injuries as per Ext. P11 post mortem certificate issued by PW 11 doctor, who conducted post mortem are as follows: