RAMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE sole accused in Sessions Case No. 45/87 on the file of the Sessions Court, Manjeri is the appellant in this criminal appeal. He was tried for the offence punishable under S.302 I. P. C. for having caused the death of a young boy aged 7 years. The Sessions Court found the accused guilty and sentenced him to undergo imprisonment for life. The conviction and sentence are challenged in this criminal appeal.

(2.) ON 21-9-85 deceased Sreekumar, his cousin Mini aged 7 years and another child named Suresh Babu went to the neighbouring channel for fishing. All the three children returned from the channel and PW 2 Mini and deceased Sreekumar went to the compound of the accused for plucking tamarind. Then accused came there with a chopper. As soon as Sreekumar got down from the tree he caught hold of the child and inflicted cut on his neck. Accused took the body of Sreekumar and dumped into a nearby cow dung pit. PW 2, Mini, who had been witnessing this ghastly incident, cried aloud and PW 1, the maternal uncle of deceased Sreekumar and PW 5 reached that place. PW 5 took the deceased from the cow dung pit and bandaged the wound with some clothes. He later went to Manjeri police station and gave Ext. P1 statement. The Additional Sub Inspector attached to Manjeri police station recorded the statement of PW 1 and registered crime No. 297 of 1985. PW 12, the Circle Inspector of police, took over the investigation. He recovered MO. 2 weapon from the place of incident. The clothes used for bandaging the wounds of Sreekumar were also recovered. Two days after the incident the accused was arrested from the Manjeri bus-stand. After the completion of the investigation PW 13 filed the charge sheet.

(3.) THE accused when questioned under S.313 Cr. P. C. feigned complete ignorance about the incident. The main argument advanced on behalf of the accused before the Trial Court was that the accused was suffering from schizophrenia and that he was not aware of the nature and consequences of his acts. The plea of insanity set up by the accused was rejected by the Sessions Court and found the appellant guilty.