B.W.JYOTHIKUMAR Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Can the prosecution, in a case under Sec. 300 IPC based on circumstantial evidence succeed relying on a few instances of suspicious conduct of the accused coupled with a weak motive??? Let us examine.

(2.) This appeal under Sec. 374(2) Cr.P.C. by the accused in S.C.No.308/2007 on the file of the Court of Session, Ernakulam, in Crime no. DST/2005/S/0006, CBI, New Delhi has been filed challenging the conviction entered and sentence passed against him for the offences punishable under Ss. 302, 201 and 203 IPC.

(3.) The prosecution case as stated in the charge sheet is as follows-the accused, due to his ill feelings towards his father, M. Wilson, during the early hours of 16/02/2004 murdered him by stabbing him with MO.2 knife. Wilson thereafter succumbed to the injuries sustained on 25/02/2004. The accused also destroyed the evidence and gave false information to mislead the police. Hence the accused is alleged to have committed the offences punishable under Ss. 302, 201 and 203 IPC.