RATHEESH Vs. STATE OF KERALA

JUDGEMENT

(1.) The judgment dtd. 3/12/2018 of the Additional Sessions Judge-II, Pathanamthitta in S.C.No.377/2013, is under challenge in this appeal. As per the above judgment, the appellant, who is the 1st accused in the case, was charged along with two others for having committed offence punishable under Ss. 294(b), 323, 324, and 302 r/w. Sec. 34 of the IPC. The appellant was found guilty and was convicted for the commission of offence under sec. 302 of the I.P.C, and was sentenced to life imprisonment and to pay a fine Rs.1,00,000.00 with a default clause. Accused Nos. 2 and 3 were acquitted of all charges.

(2.) "Kachanathu Kotta" is a Dravidian temple situated at Pathanamthitta. The temple festivities are usually held in the month of February. The accused is the relative of the wife of the deceased and their residences are situated in close proximity. There was an earlier incident between the accused and the deceased which led to the registration of a crime at the instance of the accused against the deceased, his son, and others. The relationship between the two persons was therefore in a strained state. The prosecution case is that, due to prior enmity harbored by the 1st accused against Mr. Karunakaran Nair, the deceased in the instant case, on February 6, 2009, at approximately 9:30 p.m., while Mr. Karunakaran Nair was reciting Bhajans at the Valiakotta Temple in Kachanathu along with one Sivan Kutty (CW2), Ravi (CW3) and others, the 1st accused came to the temple armed with a chopper. An altercation broke out as regards the singing of Bhajans and consequent to the same, the 3rd accused allegedly incited the 1st accused to attack him. In response, the 2nd accused kicked CW4 from behind, causing him to fall and sustain injuries to his right hand and back. Immediately thereafter, the 3rd accused struck Mr. Karunakaran Nair on the nape of his neck and then inflicted a cut injury on the back of Mr. Karunakaran Nair's head with the chopper. When Mr. Karunakaran Nair collapsed, the 1st accused proceeded to inflict additional cut injuries on various parts of his body, including his right chest, right elbow, right thigh, right leg below the knee, nape, shoulder, and right armpit. Though Mr. Karunakaran Nair was rushed to the B.C.M.C. Hospital, Konni, and then to Muthoot Hospital, Kozhencherry, and Pushpagiri Hospital, and finally to the Medical College Hospital, Kottayam, he succumbed to the injuries on February 7, 2009, at 3:55 a.m.

(3.) Ayyappan Nair, a relative of the deceased, received information about the incident from one Ramesh. He approached the police and lodged Ext.P1 statement based on which Ext.P8 FIR was registered by PW18, the Sub Inspector of Police, Konni. PW20, the Circle Inspector of Police, Konni Police Station took over the investigation on February 7, 2009. He conducted the inquest over the body of the deceased and prepared Ext.P4 inquest report. He prepared Ext.P5 scene mahazar. He arrested the 1st accused on February 9, 2009, as per Ext.P16 series arrest memo. Based on the disclosure statement furnished by the 1st accused, MO1 chopper was recovered. He seized the clothes worn by the accused as per Ext.P13 Mahazar. He forwarded the properties seized for forensic analysis and obtained Ext.P27 report. After completing the necessary formalities, the final report was laid before the jurisdictional Magistrate.