VELLINKIRI Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the first accused in S.C. No. 536 of 2007 on the files of the Sessions Court, Palakkad, 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 24.5.2006 at about 6 p.m., the appellant inflicted fatal injuries on the head, neck and other parts of the body of deceased Mallika with MO1 chopper at the courtyard of the house of the deceased and as a consequence, she succumbed to the injuries at or about the same time. The above incident was witnessed by PW4, who informed the matter to PW3, who in turn went to the police station and gave Ext. P2 F. I. statement to PW9. After recording Ext. P2 statement, PW9 registered Ext. P2(a) F.I.R. The investigation was taken over by P.W. 10 on 25.5.2006. He conducted inquest on the body of the deceased Mallika on the same day and prepared Ext. P3 inquest report. He did not prepare any separate scene mahazar as the place of occurrence was clearly described in Ext. P3. The appellant was taken into custody by the police constables, who were on surveillance duty at the place of occurrence, with the assistants of local people at 2 a.m. on 3.8.2006. On getting information regarding the same, P.W. 1 proceeded to the spot. Then, P.W. 10 could see the appellant with the police constables and the local people. The appellant was carrying MO10 bag at that time. P.W. 10 took the appellant to the police station. P.W. 10 arrested the appellant at 3 p.m. on that day. MO10 bag was checked by P.W. 10. MO1 chopper and other items were recovered from MO10 bag. P.W. 10 conducted the investigation. After completing the investigation, P.W. 10 laid the charge before the Magistrate court concerned. After completing the legal formalities, the case was committed to the Sessions Court, Palakkad. The Sessions Court made over the case to the trial court for trial and disposal in accordance with law.

(3.) Since the appellant and the other accused did not plead guilty, the trial was conducted. In the trial, P.W. 1 to P.W. 12 were examined and Exts. P1 to P13 were marked for the prosecution, besides identifying MO1 to MO17. Ext. D1 contradiction in the CD Statement of PW4 and Ext. D2 contradiction in the CD Statement of PW8 were marked during their cross-examination.