RAJAN, S/O GOPALAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in S.C.No.787 of 2007 on the file of the Additional Sessions Court, Vadakara, is the appellant. He has been found guilty and convicted for the offence punishable under Section 302 of the Indian Penal Code, hereinafter, referred to as 'the IPC', for short.

(2.) The case of the prosecution is that on account of previous enmity, on 24.09.2004, at about 9.00 p.m., the accused stabbed his immediate neighbour Krishnan at a place on the Kuttiadi-Vadakara public road in Mokeri town and Krishnan died on account of the injury sustained by him. On the basis of the information furnished by PW1, a case was registered by Kuttiadi Police in connection with the said incident. PW14 was the investigating officer. PW14 conducted the inquest, prepared the scene mahazar, seized the material objects, questioned the witnesses, arrested the accused, recovered MO1 knife and Mos.2 and 3 clothes of the accused based on the disclosures made by him and laid the charge, completing the investigation.

(3.) On appearance, the accused pleaded not guilty. Consequently, the prosecution was called upon to adduce evidence. The prosecution, thereupon, examined 15 witnesses as PW1 to PW15 and marked 13 documents as Exts.P1 to P13. 9 material objects were also caused to be identified by the witnesses. After the evidence of the prosecution, the accused was questioned under Section 313 of the Code of Criminal Procedure, concerning the incriminating circumstances appearing against him. He denied the circumstances brought out against him. In addition, he had also filed a statement narrating that the deceased received the stab injury in a group clash which took place at Mokeri town. Since this was not a case of no evidence for the prosecution, the accused was called upon to enter on his defence and he chose not to adduce any evidence.