GOPI Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused in S.C.No.488 of 2016 on the files of the Additional Sessions Court-III, Mavelikkara is the appellant in this appeal. The appellant stands convicted and sentenced for the offence punishable under Sec. 302 of the Indian Penal Code (IPC).

(2.) The deceased and the accused were labourers engaged in cleaning work. Both of them did not have any place to reside. They used to sleep in public places at night. The accusation against the accused, as stated in the final report, is that at about 10.15 p.m. on 12/10/2015, while the deceased was sleeping on the cement bench of a waiting shed, on account of previous enmity, the accused struck with a casuarina rod on the face and legs of the deceased a number of times and thereby caused his death. As regards the previous enmity, the allegation in the final report is that on 3/10/2015, the deceased struck on the leg of the accused using another wooden rod.

(3.) On receiving information about the occurrence, Kareelakulangara Police registered a crime, and after investigation, filed final report against the accused alleging commission of the offence punishable under Sec. 302 IPC. On committal, the accused denied the charge framed against him by the Court of Session and faced the trial. The evidence let in by the prosecution thereupon consists of the oral evidence of PWs 1 to 26 and Exts.P1 to P23 documents. MOs 1 to 36 are the material objects in the case. On culmination of the evidence of the prosecution, the incriminating circumstances brought out were put to the accused in terms of the provision contained in Sec. 313 of the Code of Criminal Procedure (the Code). The accused, however, denied the same and maintained that he is innocent. In addition, he also stated that he did not go to the place of occurrence on that day. As the Court of Session did not find the case to be one fit for acquittal under Sec. 232 of the Code, the accused was called upon to enter on his defence. The accused did not however avail the opportunity to adduce evidence in the case.