SURESH Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a convict's appeal. He stands convicted and sentenced to undergo imprisonment for life and to pay fine of Rs.50,000/-, in default of which, to undergo rigorous imprisonment for six months, on a count found under section 302 IPC. He has been provided legal assistance at State expense. We have heard the learned counsel so appearing on his behalf and also the learned public prosecutor.

(2.) The learned counsel appearing on behalf of the appellant argued that this is a case which appears to be one where the burden of proof has been wrongly cast, inasmuch as, the court below appears to have acted against the accused on a presumption of guilt rather than a presumption as to innocence. In this regard, she referred to some of the remarks in Raj Kishore v. State, 1969 AIR(Cal) 321, to drive home that the golden thread webbing throughout the texture of a criminal trial is the presumption of the innocence of the accused, which a criminal court would have with it. We have no doubt on this primordial doctrine in the realm of criminal justice system.

(3.) The allegation against the appealing sole accused is that, on account of enmity in not allowing him to play cards, he murdered Vinod by stabbing him with a knife on the left side of his chest near a ration shop aside a road more vividly described in exhibit P3 scene mahazar at about 11:45 PM on 27.8.2007.