P. SUNOJ Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused in S.C.No.225 of 2012 on the files of the Additional Sessions Court-III, Thalassery who stands convicted and sentenced for the offence punishable under Sec. 302 of the Indian Penal Code (IPC) has preferred this appeal invoking Sec. 374(2) of the Code of Criminal Procedure (the Code) challenging his conviction and sentence in the said case.

(2.) The dead body of one Sajin was found in a pool of blood by about 11.30 p.m. on 28/6/2010 in the backyard of the structure called 'Kazhakappura' attached to a sacred grove near his residence known as Nedumkottukavu. Sajin left his house on that day by about 7.00 p.m. and as he had not returned, his friends and relatives went in search of him and it was while so, his dead body was found within the precincts of Nedumkottukavu. The matter was informed to the police, and on the basis of the information furnished by the paternal uncle of Sajin, a case was registered as Crime No.884 of 2010 by Thalassery Police. The investigation of the said case was commenced by the then Circle Inspector of Police, Thalassery and concluded by his successor by filing the final report against the accused alleging commission of the offence punishable under Sec. 302 IPC. The case of the prosecution as set out in the final report is that on 28/6/2010 at about 8.30 p.m., at the backyard of the Kazhakappura, on account of personal enmity, the accused caused the death of the victim by striking on his head and other parts of his body with a crowbar and thereby committed the offence.

(3.) As the accused denied the charge framed and read over to him by the Court of Session when committed for trial, the prosecution examined 32 witnesses as PWs 1 to 32 and proved through them Exts.P1 to P25 documents. MOs 1 to 17 are the material objects identified by the witnesses. Exts.D1 to D6 are the documents proved by the accused through the prosecution witnesses. As the Court of Session did not find the case to be one fit for acquittal under Sec. 232 of the Code, the accused was called upon to enter on his defence and adduce evidence in support thereof. The accused did not, however, adduce any evidence. The Court of Session, thereupon, on an appraisal of the materials on record, found the accused guilty of the offence alleged and consequently, convicted him and sentenced him to undergo imprisonment for life and to pay a fine of Rs.1,00,000.00. As noted, the accused is aggrieved by his conviction and sentence in the case.