RAJAN. K. Vs. STATE OF KERALA

JUDGEMENT

(1.) In this appeal filed under Sec. 374(2) Cr.P.C., the appellant, the accused in S.C.No.344/2005 on the file of the Sessions Court, Kozhikode, challenges the conviction entered and sentence passed against him for the offence punishable under Sec. 304 Part II IPC.

(2.) The prosecution case is that the accused with the intention of causing the death of one Harish, a physically challenged person and with the knowledge that his act would cause the death of the latter, on 06/03/2004 at 9 p.m., while Harish was sitting inside the autorickshaw of PW6, pulled him out of the vehicle as a result of which, Harish fell down on the road resulting in grievous injury to his spinal cord. While under treatment, the injury led to the onset of pneumonia which aggravated, resulting in his death on 21/04/2004 at 12.30 a.m. Hence the accused is alleged to have committed the offence punishable under Sec. 302 IPC.

(3.) On the basis of Ext.P7 FIS of Harish recorded by PW12, the Head Constable of Panniyankara Police Station, registered Ext.P8 FIR, i.e., Crime No.45/2004 on 17/03/2004 at 18.15 hours alleging commission of the offences punishable under Ss. 341 and 323 IPC. PW13, another Head Constable of Panniyankara Police Station who is stated to have conducted the preliminary investigation, found the offence under Sec. 325 IPC to have been committed. Hence, as per Ext.P9 report, the case was converted to one under Sec. 325 IPC. Thereafter on the death of Harish, PW14, the then S.I., Panniyankara Police Station, who is stated to have verified the investigation conducted by PW13, submitted Ext.P10 report adding Sec. 302 IPC. PW15, the then C.I., Kasba, is stated to have completed the investigation and submitted the final report alleging the offence punishable under Sec. 302 IPC.