MURALEEDHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the sole accused in S.C.No.728 of 2015 on the file of the IIIrd Additional Sessions Court, Kollam, who is aggrieved by the judgment dtd. 31/10/2016 passed therein. As per the said judgment, the appellant was found guilty for the offence punishable under Sec. 302 of the Indian Penal Code and was sentenced to undergo imprisonment for life.

(2.) The prosecution case is that: On 24/2/2013 at 12.15 p.m. the appellant, due to animosity against the deceased Bhaskaran,a casual labourer, as he failed to do some works of the appellant/accused even after receipt of wages for the same, with an intention of causing death, inflicted serious injuries on the deceased, by hitting his face on the hard ground of the courtyard of the house of the accused and by kicking on his body. Even though the deceased was taken to hospital, he died at 1 a.m. on 25/2/2013. Immediately after the incident, Crime No.223/2013 was registered by the Station House Officer, Ezhukone Police Station and after conducting investigation, the Circle Inspector of Police, Ezhukone Police Station submitted a final report against the appellant for the offence mentioned above. To prove the prosecution case, 14 witnesses were examined, Exhibits P1 to P12 and Exts.D1, D2 and D2(a) were marked, and material objects MO1 and MO2 were identified. After the trial, incriminating materials were put to the appellant under Sec. 313 of Code of Criminal Procedure (Cr.PC), but he denied the same. Thereafter, on analysis of the entire materials, the Sessions Court arrived at the conclusion that the appellant is guilty of the offence and he was imposed with the sentence as mentioned above. This appeal is filed in such circumstances.

(3.) Heard Sri. P. Vijaya Bhanu, the learned Senior Counsel for the appellant and Sri.Alex M. Thombra, the learned Public Prosecutor for the respondent.