SADANANDAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Lakshmanan, father of PWs. 1,2 and 5 sustained injuries at about 6.15 p.m. on 18-5-1987 in the lane on the northern side of his house. He succumbed to the injuries in the hospital at 9.30 p.m. on the same day. Six accused persons were charged under S.143, 147, 148 and 302 read with S.149 I.P.C. Learned Third Additional Sessions Judge, Ernakulam acquitted the accused of the offences punishable under S.143,147 and 148 IPC, but found the first accused guilty of the offence punishable under S.302 IPC, convicted him and sentenced him to undergo imprisonment for life. First accused challenges the conviction and sentence in this appeal.

(2.) Prosecution case can be summarised as follows:

(3.) Investigation was taken over by PW-24, Circle Inspector of Police. He held inquest over the dead body at the hospital Ext. P6 is the inquest report. Thereafter, the deadbody was sent for post mortem. PW-20 conducted the autopsy. Ext. P16 is the post mortem certificate. PW-24 went to the scene and prepared Ext. P7 scene mahazar under which he seized MO-9 bloodstained piece of tile from the scene. He filed a report before the Magistrate Court for obtaining custody of accused 1 to 4 where they had surrendered and he questioned them. As per the information received from the first accused MO-1 was seized by PW-24 under Ext. P9. He arrested the other accused, questioned the witnesses and completed the investigation. His successor PW-25 verified the papers and laid the charge before court.