SURESH KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in S.C.No.448 of 2006 on the file of the Additional Sessions Court, Pathanamthitta, is the appellant in this appeal. 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 27.1.2002, at about 7 p.m., the accused caused the death of his brother- in-law Sethu at the house of the accused by inflicting a stab injury on his stomach with a broken glass bottle. The father of the deceased informed the matter to the police and a case was registered accordingly at Adoor Police Station in connection with the said incident. Initially, the case was registered under Section 307 of the IPC and later, on the death of the victim, the Section was altered to 302 of the IPC. Pws.10 to 12 were the investigating officers of the case. Among them, PW12 laid the charge against the accused, alleging commission of offence punishable under Section 302 of the IPC.

(3.) On appearance, the accused pleaded not guilty. Consequently, the prosecution was called upon to adduce evidence in the matter. The prosecution, thereupon, examined 12 witnesses as PW1 to PW12 and marked 18 documents as Exts.P1 to P18. 4 material objects were also caused to be identified by the witnesses. In the course of the trial, Exts.D1, D1(a), D1(b), D1(c), D1(d) and D2 case diary statements were marked at the instance of the accused. 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 those circumstances and maintained that he is innocent. Since this was not a case of no evidence for the prosecution, the accused was called upon to enter on his defence and thereupon, he examined the Medical Record Librarian of the General Hospital, Adoor on his side as DW1 and proved two documents through her, as Exts.D3 and D4.