JAYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the sole accused in S.C.No.96 of 2010 on the files of the Court of the Additional Sessions Judge-IV, Palakkad. He stands convicted and sentenced for the offences punishable under Ss. 302 and 324 of the Indian Penal Code (IPC).

(2.) One Anitha, an unmarried lady sustained serious injuries in an occurrence that took place at about 4.00 p.m. on 19/10/2006 near the public water tap in the vicinity of her residence and she succumbed to the injuries on the way to the hospital. Raveendran, the brother of Anitha also suffered an injury in the same occurrence. The matter was immediately informed to the police, and on receiving information, Town North Police, Palakkad registered a case based on the statement furnished by Raveendran. The investigation in the case revealed that it was the accused who caused death of Anitha and caused injury to Raveendran. Accordingly, final report was filed against the accused alleging commission of the offences punishable under Ss. 302 and 324 IPC. The accusation in the case is that the accused who maintained hostility towards Anitha for evading his proposal to marry him, caused her death by stabbing on the right side of her neck and also on the left side of her chest with a knife when she came near the water tap for drawing water. It is also the accusation in the case that the accused caused injury to Raveendran also when he tried to prevent the attack on Anitha at the scene.

(3.) On the accused being committed to trial, the Court of Session framed charges against him, to which he pleaded not guilty. Thereupon, the prosecution examined 16 witnesses as PWs 1 to 16 and proved through them 17 documents as Exts.P1 to P17. Exts.D1 and D2 are the case diary statements of PW4 and PW12 respectively. MOs 1 to 5 are the material objects. When the incriminating evidence was put to the accused in terms of the provisions contained in Sec. 313 of the Code, he denied the same and pleaded innocence. Thereupon, on a consideration of the evidence on record, the Court of Session found the accused guilty of the offences punishable under Ss. 302 and 324 IPC and sentenced him to undergo imprisonment for life and to pay fine for the offence punishable under Sec. 302 IPC and to undergo rigorous imprisonment for two years and to pay fine for the offence punishable under Sec. 324 IPC. As noted, the accused is aggrieved by his conviction and sentence, hence this appeal.