RADHAKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the sole accused in S.C.No.195 of 2013 before the III Additional Sessions Judge, Palakkad. He stands convicted and sentenced for the offences punishable under Ss. 302 and 201 of the Indian Penal Code, 1860 (IPC). Challenging his conviction and sentence, he has filed this appeal under Sec. 374(2) of the Code of Criminal Procedure, 1973.

(2.) The Circle Inspector of Police, Hemambika Nagar, Palakkad, has filed the final report in Crime No.348 of 2012 of Kongad Police Station alleging commission of the said offences by the appellant. The crime was registered based on the statement given by PW12 on 27/6/2012 that his brother Sri.Joseph @ Jose was found dead and his body was seen mutilated at the paddy field belonging to one Leelamma. PW18 had registered the crime. PW19 had conducted the investigation and submitted the final report.

(3.) The allegations set forth by the prosecution against the appellant are the following: At or about 4.00 a.m. on 27/6/2012 at the courtyard of the house of the appellant bearing door No.3/45 of Keralassery Panchayat, the appellant and the deceased, Sri. Joseph @ Jose indulged into an altercation, following which the appellant struck the deceased using a reaper at his neck. When he fell down, the appellant pressed his neck using that reaper and fisted at his nose and chest. As a consequence Sri.Jose died. The appellant dragged the dead body to the paddy field 100 meters away from the house and chopped the body into two pieces using a chopper. He covered the body by plants and bushes with a view to disappear evidence.