SUGUNAN, S/O KUMARAN KAMBALLI HOUSE, K. PURAM, THANALOOR, TIRUR Vs. STATE OF KERALA THE CIRCLE INSPECTOR OF TANUR TANUR POLICE STATION

JUDGEMENT

(1.) THE accused in this case was prosecuted for the offences punishable under Sections 302 and 324 of IPC for causing the death of his father and causing injury to his mother, for which he was found guilty. He was convicted and sentenced to suffer imprisonment for life and to pay a fine of Rs. 10,000/ - and in the event of commutation, remission and in default to pay fine, to undergo simple imprisonment for six months, for the offence under Section 302 IPC. He was also sentenced to suffer rigorous imprisonment for three years for the offence punishable under Section 324 IPC. The sentences were directed to run concurrently. Set off was not allowed. The incident in this case occurred on 01.05.2004. PW2, the deceased and the accused were residing in the same house. On 1.5.2004, at about 10.30 am, on hearing a cry from the house of PW2, PW1 reached the place when he found PW3 and another person carrying PW2 and late Kumaran to the hospital. He saw the accused standing there. PW1 laid Ext.P1 F.I. statement which was recorded by PW9, who registered Ext.P9 F.I.R. PW10 conducted inquest over the body and filed Ext.P10 inquest report. Autopsy on the body was done by PW5 and Ext.P4 post mortem report was filed by PW4.

(2.) PW 12 took over the investigation and he prepared Ext.P8 scene mahazar. He seized the articles found on the body of the deceased, examined witnesses, recorded their statements and laid charge before court.

(3.) CHARGE was framed by the said court for the offence punishable under Section 302 and 324 of IPC, to which the accused pleaded not guilty and claimed to be tried. The prosecution, therefore, examined PWs1 to 12 and had Exts.P1 to P15 marked. MO1 was identified and marked. After close of the prosecution evidence, the accused was questioned under Section 313 Cr.P.C. Finding that the accused could not be acquitted under Section 232 Cr.P.C, he was asked to enter on his defence. Ext.D1 statement was marked from his side. On an evaluation of the evidence, the trial court came to the conclusion that the accused was guilty of the offences and the conviction and sentence as already mentioned followed.