VENUGOPALAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant, who is the accused in SC No. 296/1998 of the Additional Sessions Court, Thiruvananthapuram, Fast Track (Ad hoc) - II, challenges the conviction and sentence u/S.304 part II IPC. He was sentenced to undergo rigorous imprisonment for one year. Being aggrieved by that, he preferred this appeal.

(2.) The prosecution case is that the deceased Sukumaran Nair was a heart patient and on 07/06/1997 at about 9.30 p.m., the accused quarrelled with him knowing the heart disease and that if any hurt is inflicted towards him, death would be accelerated if hurt is caused to him. The accused with this knowledge, fisted his brother Sukumaran Nair on the chest and back and pushed him down into the drainage, as a result, the deceased sustained injuries on various parts of his body and immediately, he was removed to hospital, at about 10.40 p.m. he succumbed to the injuries. In this incident, Nedumangadu Police registered Crime No. 188/1997 and after investigation, Circle Inspector of Police, Nedumangadu laid charge before Judicial First Class Magistrate Court - II, Nedumangadu, from there the case was committed to Sessions Court.

(3.) In the Trial Court, prosecution examined PW 1 to PW 9 and marked Exts. P1 to P7 as documentary evidence. The material objects MOs 1 to 5 were marked in support of the prosecution evidence. The incriminating circumstances brought out in evidence were denied by the appellant, while questioning him under S.313 CrPC. He was also heard u/S.232 CrPC and called the appellant to enter on his defence. He examined DW 1 and DW 2. The Trial Court convicted the accused u/S.304 part II IPC.