VYASAN Vs. STATE OF KERALA

JUDGEMENT

(1.) A train of witnesses paraded before Court, turning hostile with careless abandon and the prosecution left helpless before a Court looking askance at the whole drama; is the bane of criminal judicial system in this country. Mounting the box, they deny the obvious, pretend ignorance of facts and give free play to their imagination making pursuit of truth a wild goose chase. When there is always clamour for fair trial by persons arraigned before Court, the same persons when arrayed as witnesses shed the cloak of righteous indignation and conveniently forget their duties as citizens to the society in general and administration of justice in particular. This insidious trend needs to be addressed with seriousness and concern by the law makers. Such woes apart - we are in this case concerned with the brutal murder of a young man allegedly by the appellant, another youth, along with two juveniles that too for the alleged motive of refusing to share an alcoholic drink. Life has become so cheap while administration of justice costly as is evident from the fact that 13 out of 14 witnesses turned hostile, of which 8 were eye witnesses. The instant appeal arises from the conviction and sentence awarded by the Trial Court on the basis of the finding of guilt entered for offences punishable under Section 324 and 302 of the Indian Penal Code in Sessions Case No. 154/2004 before the Court of the First Additional Sessions Judge, Thrissur. Initially three accused were committed to and arraigned before the Sessions Court. However, accused numbers 2 and 3 being juveniles were directed to face trial before the Juvenile Court. The Sessions Court conducted trial of the first accused/appellant and convicted and sentenced him.

(2.) Before the trial court 23 witnesses were examined for the prosecution and one for the defence. The prosecution marked Exhibits P 1 to P23, of which Exts. P2, P4 to P14 and P20 series were contradictions in the case diary. The defence marked final report as Ext. D1 and examined CW22 as a defence witness. The court below has elaborately discussed the evidence in the case in its judgment and reiteration of the same in the appellate judgment is superfluous. The learned counsel for the appellant as also the learned Public Prosecutor have taken us meticulously through the evidence recorded, which we intend to discuss at the appropriate place when considering whether the conviction and sentence entered by the trial court is in fact and law deducible from the evidence recorded.

(3.) The prosecution went to trial with a battery of eye witnesses, smug and sure of the outcome. The FIR was registered on the strength of Ext. P1 F.I. Statement before PW20, Assistant Sub Inspector of Police, Ollur Police Station. According to Ext. P1, on 12.8.2002 at 6.30 p.m. near a toddy shop at Kuttanelloor, on the public road, Ravi, aged 36 years was stabbed by the appellant aided by two others. The injured succumbed to his injuries at the Thrissur Medical College Hospital. As per Ext. P1, PW1, the brother of the deceased had come to the shop near the toddy shop for making some purchases. While he was walking towards the shop he saw his brother and PW3 talking to each other. Then P.W.1 saw the appellant and two others approaching the deceased and questioning him as to how dare he play with them. P.W.1 saw the appellant stabbing the deceased, Ravi. When the appellant attempted to again stab the deceased, P.W.3 intervened and attempted to block it. Immediately the 2 persons accompanying the appellant caught hold of PW3 and restrained him exhorting the appellant to stab Ravi. The appellant then stabbed Ravi on the neck and in the stomach. While PW1 ran crying to his brother, a crowd gathered there and appellant along with his companions fled from the scene. PW1 and PW2 and some people who gathered there picked up the injured from the pool of blood and laid him aside. Subsequently in a Police Jeep, the injured was taken to the Medical College Hospital (hereinafter referred to as "MCH"), Thrissur where he was declared dead. The motive for the commission of the offence was also spoken to by PW1 in Ext. P1 as being an earlier altercation between the appellant and the deceased, at about noon. Investigation commenced with the registration of FIR on 12.8.2002 at 8.30 p.m, receipt of which was endorsed by the Court of the Judicial First Class Magistrate III, Thrissur at 10.30 a.m on the very next day. PW23, the Circle Inspector of Police took over the investigation and concluded the same. However, the final report was filed by PW22. The Magistrate's Court having committed the case to the Sessions Court, the case against A2 and A3 were split up to be tried before the Children's Court, Thrissur. The Sessions Court framed 4 issues.