PRASAD Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused in S.C. No.344 of 2015 on the files of the Additional Sessions Court, Pala is the appellant in this appeal. He stands convicted for the offence punishable under Sec. 302 of the Indian Penal Code (IPC) and sentenced to undergo imprisonment for life.

(2.) The occurrence which is the subject matter of the case took place on 23/9/2014. One Soman, who is a close relative of the appellant died in the occurrence. Soman was running a tea shop on the side of M.C. Road at Puthuveli. At about 8.30 p.m on the date of occurrence, while Soman was proceeding to the shop of one Thomas located on the opposite side of the road at a distance of about 20 metres away from his shop, he was hit on his back by an auto rickshaw driven by the appellant and Soman succumbed to the injuries sustained on account of the fall. The accusation in the case is that on account of the enmity the appellant had towards the deceased for opposing openly his way of living and for preventing other relatives of the appellant from helping him from the troubles in which he is entangled, the appellant hit down the deceased with the intention of causing his death.

(3.) As the appellant denied the charge framed against him by the Court of Session when committed for trial, the prosecution let in oral as also documentary evidence to prove the charge. The Court of Session, thereupon, on an appraisal of the evidence on record, convicted and sentenced the appellant. The appellant is aggrieved by the decision of the Court of Session and hence, this appeal.