SINESH, S/O.GOVINDAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The above appeal has been preferred by the accused in S.C.No.540 of 2016 on the file of the Additional Sessions Judge-II, N. Paravur. In the above case, the appellant faced indictment for having committed the offence punishable under Sec. 302 of the IPC. By judgment dtd. 25/1/2018, he was found guilty and was convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs.15,000.00 and in default to undergo Rigorous Imprisonment for three months.

(2.) The appellant is a married man and he along with his wife and son are residing in the house bearing Door No. 19/27 of Pallippuram Panchayat. The deceased Santhosh was the elder brother of the appellant and he is unmarried. House No.19/27 originally belonged to the father of the appellant. Santhosh was working in a petrol pump and he used to come and reside in the family house. This was not liked by the appellant. As per the charge, on 16/12/2014, between 9.30 p.m. and 11.15 p.m., after a brief scuffle, the appellant fisted and kicked Santhosh on his head and other parts of his body, in front of the courtyard of the building bearing No.19/27 with the intention of causing his death and thereby committed the offence of murder. Santhosh sustained diffuse subdural and subarachnoid hemorrhage, fracture of his ribs, and other injuries. He fell into a state of unconsciousness and blood came out of his nose and mouth. He was later rushed to the Government Hospital, North Paravur by Jolly (PW13) and Sreejith (PW9) in the autorickshaw of Arun (PW8). He was declared dead by the Doctor on examination.

(3.) Asokan (PW1), the brother-in-law of the accused, went to the police and set the law in motion by lodging Ext.P1 FI Statement at 3.30 a.m. on 17/12/2014, based on which Ext.P8 FIR was registered under Sec. 302 of the IPC arraying the appellant as the accused.