MUTHU NAYAKAM Vs. STATE OF KERALA

JUDGEMENT

(1.) THE appellant, the accused in Sessions Case No.713 of 2005 on the file of the Additional Sessions Judge, Fast Track Court (Adhoc) No.IV, Thiruvananthapuram, was convicted under Section 302 of the Indian Penal Code and he was sentenced to undergo imprisonment for life and to pay a fine of Rs.10,000.00 and in default of payment of fine, to undergo rigorous imprisonment for a period of six months. The appellant/accused was arrested on 18.12.2002 and he is in jail. He challenges the conviction and sentence.

(2.) THE appellant/accused was working as a rubber tapper in the rubber plantation belonging to Thulaseedas (CW1). Thulaseedas passed away subsequently and he was not examined as a witness in the case. Manikantan Nair, the deceased, was working as the watchman of the house in the rubber plantation belonging to Thulaseedas. The deceased used to go to that house during night and he used to return in the morning. On 15.12.2002, the deceased did not go to the house where he was working as watchman during night. He went to that house only in the early hours on 16.12.2002. By about 5.45 AM., he purchased milk. By about 9.45 AM, Thulaseedas came to the house. He found the deceased lying on the floor of the living room of the house. Thulaseedas went to the rubber plantation. By about 10.30 AM, the appellant/accused, who was working as a rubber tapper in the rubber plantation, came to the place. Thulaseedas noticed that blood was oozing out from the room and he asked the accused to find out the reason. The accused found that Manikantan Nair was dead. He reported the matter to Thulaseedas. Information was given to the police. PW23, Sub Inspector of Police, Malayinkeezh Police Station, recorded Ext.P7(a) First Information Statement given by Thulaseedas and registered Ext.P7 First Information Report as Crime No.480 of 2002 of Malayinkeezh Police Station. PW26, the Circle Inspector of Police, Kattakkada, conducted investigation. The investigation was completed by PW24, the then Circle Inspector of Police, Kattakkada and he laid the charge.

(3.) THE case of the prosecution is that the accused had enmity towards the deceased Manikantan Nair as the accused thought that Manikantan Nair would report the theft of rubber sheets by the accused and the irregularities committed by him in the work to Thulaseedas and therefore, the accused murdered Manikantan Nair on 16.12.2002. It is alleged by the prosecution that the accused had beaten Manikantan Nair with MO6 wooden reaper near the courtyard of the house of Thulaseedas, dragged the body to the living room of the house and left it there. There is no eye witness to the incident. PW1 is the wife and PW2 is the son of the deceased. PW3 to PW13 are independent witnesses. PW1 to PW13 did not speak of any overt act on the part of the accused. They had no occasion to see any incident which caused the death of the deceased. However, it is claimed by the prosecution that various circumstances were brought out in the evidence of PW1 to PW13 which would lead to the inference that the accused committed the offence. The prosecution also relied on the recovery of MOs.6, 7 and 8 consequent on the confession statement made by the accused to PW26 (Circle Inspector of Police, Kattakkada - the investigating officer) while the accused was in police custody.