SANTHOSH GOGOI Vs. STATE OF KEARLA

JUDGEMENT

(1.) The sole accused in S.C.No.181 of 2010 on the files of the Sessions Court, Kottayam is the appellant in this appeal instituted challenging the conviction entered and the sentence passed against him in the said case.

(2.) The accusation against the appellant in the case as narrated in the final report is that on 2/9/2009, at about 9 p.m., while the deceased Lohith Deghar @Bhinu, a native of Assam, was consuming liquor in the company of his friends who also hail from the State of Assam, in a room occupied by one among them namely, Dileep in the Industrial Unit in which Dileep was employed, the appellant and one Mony who are also natives of Assam came to the said room; that an altercation took place in the course of their conversation after sometime between the deceased on one side and the appellant and Mony on the other side in connection with a monetary transaction; that the appellant unexpectedly gave a few blows to the deceased in the course of the altercation with an iron spade on the left side of his head below his left ear, on his forehead and also on his right cheek causing severe injuries to his head as also to his face and that as a result of the same, he died instantaneously.

(3.) A case was registered in connection with the occurrence on the following morning at about 6 a.m. by the Ettumanoor police on the basis of the information furnished by a person residing in the neighbourhood of the Industrial Unit and after investigation, final report was filed against the appellant alleging commission of the offence punishable under Sec. 302 of the Indian Penal Code (IPC). On the final report being filed, the jurisdictional Magistrate committed the appellant for trial to the Court of Session. On appearance of the appellant, the Court of Session framed charge against him for the offence punishable under Sec. 302 IPC and read over the same to him, to which he pleaded not guilty.