ALIYAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the sole accused in S.C.No.1535 of 2015 on the files of the Court of the Additional Sessions Judge-IV, Kollam. He stands convicted and sentenced for the offence punishable under Sec. 302 of the Indian Penal Code (IPC).

(2.) The victim in the case is one Moncy. He was a bus driver by profession. The accusation in the case is that on 7/5/2012, at about 7.30 p.m., the victim and his friend Sunil Kumar shared a bottle of liquor at a Bar at Punalur with a native of Tamil Nadu, where the appellant was also present. After having the drink, the victim and the said Sunil Kumar were proceeding to their respective houses and when they reached near the nearby Cinema Theatre, the appellant approached the victim and required him to pay money for him to purchase a bottle of liquor. The victim refused to give money to the appellant. The appellant then gave a blow with the back side of his forearm on to the right side of the neck of the victim. The victim fell down on his back with his head hitting on the tarred portion of the road. The appellant who could not satisfy his fury, then stamped on the chest and stomach of the victim repeatedly and he succumbed to the injuries forthwith.

(3.) On the appellant being committed to trial, the Court of Session framed charge against him under Sec. 302 IPC. The appellant pleaded not guilty to the charge. Thereupon, the prosecution let in evidence. When the incriminating evidence was put to the appellant, he denied the same and maintained that he is innocent. Thereupon, on a consideration of the evidence on record, the Court of Session found the appellant guilty of the charge, convicted and sentenced him to imprisonment for life. The appellant is aggrieved by his conviction and sentence, hence this appeal.