VAZHAKKAT BABU MATHEW Vs. STATE OF KERALA

JUDGEMENT

(1.) APPELLANT was convicted and sentenced to imprisonment for life for the offence under Section 302 of Indian Penal Code by Sessions Judge, Thalassery in S.C.535/2007. The prosecution case is that on 16/7/2005 at about 9 p.m while the deceased Thomas @ Appachan was walking towards his house along Paisakkari- Pathittadi Parambu road, appellant with MO.1 iron road inflicted injuries with the intention to cause his death and thereby committed the murder of Thomas. PW1 Mary was waiting for her husband to return as deceased Thomas had gone to purchase toddy for his father on that evening. As the deceased did not return, PW1 was waiting for his arrival. She heard a cry and thinking that it is her husband's sound PW1 went to the house of PW5 Alaxander and obtained a torch light. She proceeded along the road to find her husband. On the way PW1 found the appellant running along the road and through the rubber plantation, with an iron rod in his hand. PW1 reached the scene where her husband was found lying sustaining injuries on his arms and legs. When PW1 enquired the husband what happened, he disclosed her that appellant inflicted the injuries by hitting with an iron rod. By that time PW2 Pradeepan, PW3 Manoj PW7 Soju and his father Chandran reached there in a jeep and they found the injured Thomas lying on the road and PW1 standing near him. Requesting them to take her husband to the hospital, PW1 went to the house of PW5 Benny to inform him and returned back to the scene with PW5. As there was some mechanical defect to the jeep, the injured could not be taken in that jeep. By that time, another jeep came there. The injured was taken in that jeep by PW6 Muneer and others to Medical College Pariyaram, when the injured was examined at Pariyaram Medical College, it was found that he had breathed his last. PW15 Sub Inspector of Police on getting information reached the house of PW1 and recorded Ext.P1 FI statement of PW1 at 2 a.m, on the early morning of 17/7/2005 and registered the crime for the offences under Section 302 of Indian Penal Code after preparing Ext.P1(a) FIR. PW16 Circle Inspector of Police took over the investigation. He went to the scene of occurrence and prepared Ext.P2 scene mahazar and proceeded to Pariyaram Medical College from where Ext.P8 inquest report was prepared. He gave necessary requisitions for conducting autopsy. PW12 Dr.Gopalakrishna Pilla, Professor of Forensic Medicine, conducted autopsy and prepared Ext.P9 postmortem certificate, certifying that the deceased died due to bleeding from the multiple blunt injuries sustained. PW16 arrested the accused on 18/7/2005. On questioning the accused on the information furnished by him, PW16 recovered MO.1 iron rod and Mos.2 and 3 dresses of the appellant from his house and produced before the Court. All the materials produced before the Court were forwarded to Forensic Science Laboratory for examination and obtained Ext.P25 report. After completing investigation charge was laid before the learned Magistrate who committed the case to the Sessions Court.

(2.) WHEN the learned Sessions Judge framed charge for the offence under Section 302 of Indian Penal Code, appellant pleaded not guilty. The prosecution examined 16 witnesses and marked 26 exhibits and identified 14 material objects. When the prosecution witnesses were cross examined Exts.D1 to D3 portions of statements of PW5, PW10 and PW15 recorded by PW16 under Section 161 of Code of Criminal Procedure were marked. When the appellant was questioned under Section 313 of Code of Criminal Procedure his case was that he did not inflict any injury on the deceased and he was falsely implicated. According to the appellant the deceased Thomas sustained injuries when a jeep hit him and as PW3 and others are members of CPI(M) party and appellant is a Congress party worker, the case was foisted against him. When called upon to adduce evidence appellant examined DW1 and DW2 and got marked Exts.D4 and D5. On the evidence learned Sessions Judge found the appellant guilty. He was convicted and sentenced to imprisonment for life and fine of Rs.25,000/- and in default simple imprisonment for two months, for the offence under Section 302 of Indian Penal Code. On realisation of the fine, it was directed to be paid to PW1 as compensation under Section 357(1) of Code of Criminal Procedure. The conviction and sentence are challenged in the appeal.

(3.) LEARNED Public Prosecutor submitted that there is no reason to suspect the genuineness of Ext.P1 FI statement or Ext.P1(a) FIR and Ext.P1 FI statement was recorded at 2 a.m within one hour of the death of Thomas and at that point of time, PW1 had no necessity to foist a false case against the appellant. It was pointed out that there is no reason to disbelieve the evidence of PW1 that she heard a cry and she went to the house of PW5 and obtained a torch light and walked towards the place where she heard the sound and on reaching the scene of occurrence, she found her husband lying on the road sustaining injuries and when she enquired the deceased as to the cause of injuries, it was disclosed to her that the injuries were inflicted by the appellant. Learned Public Prosecutor also pointed out that evidence of PW1 establishes that on the way to the scene of occurrence, she found the appellant walking holding MO.1 iron rod and Ext.P25 report of chemical analysis establish that MO.1 iron road showed traces of blood of the same blood group of the deceased and it was recovered from the house of the appellant and that too on the information furnished by the appellant and hence it is clear that appellant inflicted the injuries on the deceased and caused his death. It was argued that the description of the injuries inflicted establish the force with which the injuries were inflicted, as fragmented fractures were caused and the fact that the injuries were inflicted with a dangerous weapon like MO.1 establish that the appellant intended to cause the death of Thomas. Learned Public Prosecutor therefore, argued that the conviction of the appellant under Section 302 of Indian Penal is perfectly legal and correct and warrants no interference.