GOPALAKRISHNAN ALIAS MOTTAYANDY Vs. STATE OF KERALA

JUDGEMENT

(1.) THE appellant was convicted by the Additional Sessions Judge (Adhoc-1), Thodupuzha for offence punishable under Section 302 I.P.C. and was sentenced to undergo imprisonment for life and to pay Rs.10,000/- as fine and in default to rigorous imprisonment for one year.

(2.) THE case of the prosecution is that deceased Georgekutty used to give information to the forest officials regarding theft of sandalwood from Marayoor and nearby places. THE accused was stated to be involved in or assisting in the theft of sandalwood. THE incident in this case took place on 29.5.2002 at 8.35 AM. Two or three days prior to this incident the forest officials had been in search of this accused and other persons who were alleged to have committed theft of sandalwood. Thinking that it was deceased Georgekutty who gave information pertaining to the theft of sandalwood, the accused entertained grudge against deceasedGeorgekutty. Deceased Georgekutty went to Kaimuttiyar river near Marayoor kara at about 8.30 AM for taking bath. After some time, seeing the deadbody of the deceased Georgekutty on the rock near the river, his father was informed. THE neighbouring people also reached the spot. One of them went to the police station and lodged Ext.P1 first information statement based on which P.W.9, the S.I. of Police, Marayoor registered Ext.P7 FIR. THE investigation was conducted by the Circle Inspector of Police and charge sheet was laid. When the charge was framed, the accused pleaded not guilty.

(3.) THIS appeal has been preferred through the Superintendent of Central Prison, Trivandrum. Adv.A.R.Usha was appointed as State Brief for the appellant. We have heard the submissions of the learned Public Prosecutor and Smt.A.R.Usha.