K.K. POULOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the accused in S.C. No. 591/2008 on the files of the Additional Sessions Court (Adhoc -1) Kozhikode, who in this appeal challenges the judgment of conviction and sentence passed by the trial court under Section 302 I.P.C.

(2.) The prosecution allegation is that on 6.10.2007, at about 11.00 a.m., the deceased Paulose was beaten by the appellant with an iron pipe on his head and neck at the court yard of the house of the deceased, and as a consequence, the deceased died at or about the same time.

(3.) On getting information with regard to the death of the deceased, P.W. 1 went to the place of occurrence. Thereafter, he went to the Police station and gave Ext. P1 F.I. Statement. On the basis of Ext. P1 F.I. Statement given by P.W. 1, P.W. 15 Assistant Sub Inspector of Police registered Ext. P1(a) F.I.R. under section 302 I.P.C. The investigation was taken over by P.W. 16, the then Circle Inspector of Police on 6.10.2007 itself. He conducted the inquest on the body of the deceased at 4.30 p.m. on 6.10.2007 and prepared Ext. P5 Inquest report. On 7.10.2007 at 12 Noon, P.W. 16 arrested the appellant. In pursuance to the disclosure statement given by appellant and as led by appellant, MO1 iron pipe was recovered by P.W. 16 as per Ext. P4 mahazar. After completing the investigation, P.W. 16 laid the charge before the Magistrate Court concerned.