ELDHOSE ALIAS SAIPP Vs. STATE OF KERALA

JUDGEMENT

(1.) IN this appeal filed under Sec.374 (2) Cr.P.C. the petitioner who was the sole accused in S.C. No. 797 of 2005 on the file of the I Addl. Sessions Judge, Ernakulam, challenges the conviction entered and the sentence passed against him for an offence of murder punishable under Sec. 302 I.P.C. PROSECUTION CASE

(2.) THE case of the prosecution can be summarised as follows:- Esthapanose @ Pappachan aged 54 years and the accused Eldos @ Saipp were playing cards in the KGP Recreation Club owned by the deceased and situated near colony Junction in Malayattoor Village. In the said game, the accused lost money and he demanded more money from the deceased. An amount of Rs. 67/- which was in the pocket of the accused was snatched away by the deceased. This resulted in a scuffle between the two in the course of which the accused intentionally and knowingly caused the death of Pappachan by hitting the deceased on the forehead with MO1 hammer which the deceased was using for straightening nails. Even though the deceased was rushed to the Little Flower Hospital Angamaly, he had succumbed to the injuries on the way to the hospital. THE accused had thereby committed an offence punishable under Sec. 302 I.P.C. THE TRIAL

(3.) SINCE this was not a case of no evidence for the prosecution, the learned Addl. SessionsJudge did not record an order of acquittal within the meaning of Sec. 232 Cr.P.C. The appellant was, therefore, called upon to enter on his defence and to adduce any evidence which he might have in support there of. He did not adduce any defence evidence.