BINU K.C. Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal under Sec. 374(2) of Cr.P.C by the sole accused in S.C.No.363/2017 of Court of Sessions, Pathanamthitta has been filed through the Superintendent of Central Prison, Thiruvananthapuram under Sec. 383 of Cr.P.C challenging the conviction entered and sentence passed against him for the offence punishable under Sec. 302 of the Indian Penal Code [IPC].

(2.) In brief, the prosecution case is as follows:- Sobhana and accused were living together, although they were not legally married, at the residence of the accused at Neythadam, Kumaramperoor. On 26/4/2017 at a time prior to 9.30 pm, the accused murdered victim Sobhana by brutally assaulting her. It is the prosecution case that accused with intent to commit murder caused fatal injuries to the victim by manhandling her and also by striking her head on the floor and thus committed murder. The motive according to the prosecution is the enmity of the accused towards the victim for not bringing share from her family property.

(3.) PW1 Reji, who is the brother of the victim laid Ext.P1 First Information Statement based on which PW15, the Sub Inspector of Ranni Police Station registered Ext.P6 FIR. PW17 the Inspector of Police, Chittar Police Station conducted inquest of the dead body and prepared Ext.P2 Inquest Report. He seized the articles found at the scene of occurrence. PW13 the Scientific Officer examined the scene of occurrence, collected the blood stains, hair, etc from the scene of occurrence and prepared Ext.P4 Report. PW17 arrested the accused on 27/4/2017. PW16, the Junior Consultant in Forensic Medicine and Assistant Police Surgeon, General Hospital Pathanamthitta, collected samples of blood of the accused for DNA, nail clippings of the accused, dried blood stains from the face and both hands of the accused, collected scalp and pubic hair in sealed covers and entrusted the same to the Ranni Police. PW18 the Inspector of Police, Ranni filed Ext.P13 forwarding note before the Court for sending the samples to the Forensic Science Laboratory. He completed the investigation and filed final report against the accused before the jurisdictional Magistrate Court. Upon committal, the learned Sessions Judge framed charge against the accused for the offence punishable under Sec. 302 IPC. The accused abjured the guilt, alleged false implication, and claimed to be tried.