ABDUL RAHIM Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused in S.C.No.369 of 2018 on the files of the Court of the Additional Sessions Judge, Ottapalam, is the appellant. He stands convicted and sentenced for the offence punishable under Sec. 302 of the Indian Penal Code (IPC).

(2.) The accused is the youngest son of the victim, Kunji Muhammed Musaliyar. He was residing with the victim in their family house along with two of his brothers and their family. The victim sustained an injury on his head in the morning hours of 2/8/2017. The victim was initially taken to Nila Hospital, Pattambi and from there to Moulana Hospital, Perinthalmanna and he succumbed to the injury on the following day, while undergoing treatment in the latter hospital. A case was registered by Pattambi Police on 3/8/2017 in connection with the death of the victim based on the information furnished by Muhammed, the brother of the accused. Though the case was one registered initially under Sec. 174 of the Code of Criminal Procedure, the same was converted later as one under Sec. 302 IPC. The investigation in the case revealed that it was the accused who caused the death of the victim. A final report was accordingly filed in the case against the accused alleging commission of the offence punishable under Sec. 302 IPC. The accusation in the final report is that at about 7 a.m. on 2/8/2017, on account of the enmity the accused had towards the victim for having scolded and mocked him, the accused hit on the head of the victim with a brick and thereby caused the death of the victim.

(3.) On the accused being committed to trial, the Court of Session framed charges against him under Sec. 302 IPC, to which he pleaded not guilty. Thereupon, the prosecution examined 17 witnesses as PWs 1 to 17 and proved through them 18 documents as Exts.P1 to P18. MOs 1 to 3 are the material objects in the case. When the incriminating circumstances were put to the accused in terms of the provisions contained in Sec. 313 of the Code, he denied the same. The Court of Session, thereupon, on a consideration of the evidence on record, found that the accused is guilty of the offence for which he is charged, convicted and sentenced him to undergo imprisonment for life, and to pay a fine of Rs.50,000.00. The accused is aggrieved by his conviction and sentence in the case and hence this appeal.