SIVANESAN @ SIVA Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant along with another person was charge sheeted for offences under Sections 302 and 201 read with Section 34 of Indian Penal Code ('IPC' for short). After trial they were found guilty and convicted for the said offences by the Additional Sessions Court. They were sentenced to undergo imprisonment for life under Section 302 IPC and rigorous imprisonment for a period of one year for offence under Section 201 IPC. The first accused has filed this appeal. It is reported by the Registry that no appeal is filed by the second accused. According to prosecution, on 09.10.2000 at about 6.45 p.m. the first accused along with the co-accused, in furtherance of their common intention, caused the death of Nandakumar @ Kumar also known as "M.G.R." aged 24 years by drowning him into the water in a Panchayath pond. Thereafter, a stone was tied on the dead body and the dresses worn by Nandakumar which were kept by the side of the bank of the pond were thrown into the pond and thereby caused evidence of commission of the offence to disappear with intention to screen them selves from legal punishment.

(2.) To prove the prosecution case, PW1 to PW17 were examined. Exts. P1 to P9 and MO1 to MO5 were marked. The appellant did not adduce any oral evidence, but marked Exts. D1 to D3 on his side. Ext. X1 was also marked. The appellant was questioned under Section 313 of Code of Criminal Procedure. But he pleaded innocent. He stated before court that during the time of occurrence he was residing in Tamil Nadu.

(3.) The trial court found that evidence of PWs 2 and 3 are believable. PW3 has seen both the accused and the deceased in a drunken state at about 5.30 p.m. and they went near the pond at about 6.30 p.m. Accused nos. 1 and 2 returned to the house at 7.45 p.m. and the deceased was not present along with them.