BENNY JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) This jail appeal under Sec. 383 Cr.P.C has been filed by the accused in S.C.No.357/2018 on the file of the Court of Session, Kottayam, challenging the conviction entered and sentence passed against him for the offence punishable under Sec. 302 IPC.

(2.) On the final report being submitted, the jurisdictional magistrate after complying with the statutory formalities, committed the case against the accused to the Sessions Court concerned, which court took the case on file as S.C.No.357/2018. On appearance of the accused before the Court of Session, he was furnished with copies of all the prosecution records. On 19/08/2019 the trial court framed a charge for the offence punishable under Sec. 302 IPC, which was read over and explained to the accused, to which he pleaded not guilty. The prosecution examined PWs.1 to 21 and got marked Exts.P1 to P24 and MO1 to MO15 in support of the case. After closing the prosecution evidence, the accused was questioned under Sec. 313(1)(b) Cr.P.C. regarding the incriminating circumstances appearing against him in the evidence of the prosecution. He denied all those circumstances and maintained his innocence.

(3.) As the Sessions Court did not find it a fit case to acquit the accused under Sec. 232 Cr.P.C., he was asked to enter on his defence and adduce evidence in support thereof. DW1 to DW4 were examined and Exts.D1 to D6 were marked on the side of the accused.