PARADESV Vs. STATE OF KERALA

JUDGEMENT

(1.) i). Was the court below justified in placing reliance on the oral evidence of PWs 7 and 8 - alleged eye witnesses?

(2.) The appellant has been found guilty, convicted and sentenced under Section 302 IPC to undergo imprisonment for life. No sentence of fine is seen imposed. The prosecution alleged that the appellant, who was running an illegal arrack sale outlet in a shed in his property had caused the death of deceased Krishnan Kutty, a person aged about 35 years, consequent to a quarrel between them by inflicting multiple injuries on the deceased with MO1 wooden stick. The deceased succumbed to his injuries while he was being removed to the hospital.

(3.) Investigation commenced on the basis of Ext.P8 F.I.R registered on the strength of Ext.P5 F.I.Statement lodged by PW7. PW18 completed investigation and filed final report/charge sheet before the learned Magistrate. The learned Magistrate after observing all legal formalities, committed the case to the court of Session. The learned Sessions Judge framed charge against the appellant. He denied the same. Thereupon, the prosecution examined PWs 1 to 19 and proved Exts.P1 to P12. MOs 1 to 8 were also marked.