SUDHAKARAN Vs. STATE

JUDGEMENT

(1.) The accused in a murder case is the appellant. He has been convicted of an offence under S.302 IPC and sentenced to undergo life imprisonment by the Sessions Judge, Thalassery. The correctness of the said conviction and sentence is challenged in this Criminal Appeal.

(2.) The prosecution case in short is this: On 10-2-1990 at about 7. 30 p. m when the deceased Narayanan was walking along the public road in Payyavoor market, appellant Sudhakaran came from the opposite direction and intercepted him. He, then hit the deceased repeatedly with M.O. 1 billhook and caused grievous injuries on the body of the deceased. P. Ws 1 to 3 and 6 saw the incident. When the persons gathered appellant went westwards with M.O. 1 weapon. The injured was taken by the P. Ws 7 and others to the Government Hospital, Taliparamba in a jeep. After examining the deceased, doctor declared him dead. P.W. 16 Doctor conducted autopsy and issued Ext. P7 certificate. P.W. 1 who was an employee of a hill produce shop went to the police station and gave First Information Statement. While P. W.1 was in the police station the appellant with M.O. 1 weapon came and surrendered before the police. M.O. 1 produced by the appellant was taken into custody by P. W. 20 under Ext. P4 mahazar. The appellant arrested thereafter at about 10 p. m and P. W. 20 registered a case against him under S.302 I.P.C. P. W. 21 Circle Inspector of Police took ever the investigation and charge was laid on 22-3-1990.

(3.) The appellant pleaded not guilty to the charges laid against him under S.302 IPC. The defence case as revealed from the statement of the accused under S.313 CrPC is thus : The deceased slapped the accused on his right cheek and he was having injury on his face. Though he made a request to the police to get him examined by a Doctor, it was not done. This defence version makes this court to understand that the appellant was putting up a case of private defence. It was in fact to establish this defence case, two witnesses were examined as D. Ws 1 and 2.