KRISHNANKUTTY PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the accused in SC No. 175 of 2008 on the file of the III Additional Sessions Court, Kollam, who in this appeal challenges the judgment of conviction and sentence passed by the Trial Court under S.302 IPC.

(2.) The prosecution case is that on 03/02/2007, at about 1.30 a.m., the appellant due to his enmity towards his mother, the deceased Chellamma, attacked her by hitting with a brick on her head at a place in the Courtyard of the house where the deceased Chellamma and PW 1 were residing. The deceased Chellamma sustained very serious injuries in the incident and she succumbed to the injuries at or about the same time.

(3.) On the basis of Ext. P1 statement given by PW 1, PW 11, the then Sub Inspector of Police, South Paravoor Police Station registered Ext. P1(a) FIR. PW 11 conducted the inquest on the body of the deceased and prepared Ext. P6 inquest report. He also visited the place of occurrence and prepared Ext. P4 scene mahazar. The appellant was arrested by PW 11 on 03/02/2007. The investigation was taken over by PW 12 on 04/02/2007. After completing the investigation, PW 12 laid the charge before the Magistrate Court concerned. Thereafter, the appellant was produced before the Court. The learned Magistrate, after complying with the legal formalities, committed the case to the Sessions Court, Kollam. The Sessions Court made over the case to the Court below for trial and disposal in accordance with law.