SURESH Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellant is the 1st accused in Sessions Case 84/1999 on the file of the Additional Sessions Judge, Pathanamthitta. Appellant and three others were charged with having committed the offence punishable under Section 302 read with Section 34 of the Indian Penal Code. After trial, the learned Sessions Judge found that the appellant committed the offence punishable under section 302 of the Indian Penal Code and convicted him there under. On hearing the appellant on the question of sentence that learned Sessions Judge sentenced him to undergo imprisonment for life under Section 302 of the Indian Penal Code.

(2.) The allegation against the appellant and the other accused was that in furtherance of their common intention to cause the death of one Muraleedharan Nair at about 9.30 p.m. on 14.5.1998 they pelted stones on him and when he fell down on sustaining injuries the appellant hit him with a stone on his head on the other accused also hit him with stones as a result of which he suffered injuries. It is stated that at 10.5 p.m. Muraleedharan Nair died as a result of the injuries suffered by him.

(3.) Muraleedharan Nair was employed in New Delhi and he along with his wife P.W.15 was permanently staying in New Delhi. On 12.5.1998 they reached Kollam on taking leave and they stayed in the house of brother of P.W.15. From there they went to the house of P.W.15 in Alappuzha and stayed there on 13th and 14th. On 14.5.1998 they reached the house of Muraleedharan Nair at Pulikeezhu in Kumbazha muri. At about 5 p.m. on 14.5.1998 Muraleedharan Nair and his wife, P.W.15 reached the house and Muraleedharan Nair went out of the house for seeing his friends. He spent about four hours with his friends and went back to his house at 9 p.m. Again he went out of his house along with P.W.15 to see P.W.2, who is the wife of Mohan Nair, his brother. After seeing P.W.2 in her house Muraleedharan Nair and P.W.15 came out of the house and went to the road for going to Aykkarethy Illom. They reached Pallikuzhi junction and at that time an autorickshaw stopped in front of them and two person came out of the autorickshaw. It is stated that one of them flashed a torch light and the light fell on the face of Muraleedharan Nair. There ensued a wordy altercation. It is stated that Muraleedharan Nair asked his wife to go away from there on handing over a torch light he was having with him. P.W.15 turned to go to her house and when she took two or three steps she heard her husband making request that stone should not be thrown at him. On hearing that, P.W.15 came back to the place of occurrence and she saw the occurrence. P.W.15 speaks about the occurrence in which her husband Muraleedharan Nair was assaulted by four persons.