KRISHNA NAIK Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused in S.C. No.845 of 2015 on the files of the VI Additional Sessions Court, Ernakulam, a native of Orissa, is the appellant in this appeal. He stands convicted and sentenced for the offence punishable under Sec. 302 of the Indian Penal Code (the IPC).

(2.) One Kailash, another native of Orissa was found lying in a pool of blood at about 6 p.m. on 3/5/2015 with various injuries on his body in one of the rooms in a lodge where a large number of migrant workers were residing.

(3.) A native of West Bengal who was residing in the lodge informed the death of Kailash to the Central Police, Ernakulam and on the basis of the said information, a case was registered on the same day itself as Crime No.707 of 2015. The investigation of the case was later taken up by the concerned Circle Inspector of Police, who, in turn, prepared the scene mahazar, effected seizure of the incriminating objects found at the scene, questioned the witnesses, arrested the accused and laid the final report alleging commission of the offence punishable under Sec. 302 IPC. The gist of the accusation is that a quarrel occurred between the deceased and the accused who were residing in the same room concerning the cash kept by the accused in the room and in the course of the quarrel, as the accused suspected that the cash was taken by the deceased, he stabbed the deceased to death.