RAJU PAUL Vs. STATE OF KERALA

JUDGEMENT

(1.) THE sole accused who stands convicted in S.C. No. 132 of 2013 of the Additional Sessions Court -I, Kalpetta for offence punishable under Section 304 Part II of the Indian Penal Code is the appellant herein.

(2.) THE allegation of the prosecution is that the deceased Varghese was the paternal uncle of the accused. Varghese and his wife were living together in a house and accused used to stay with them, occasionally. The accused had embraced Islam. On 09.11.2012, accused went to PW1 and is reported to have told that he had kicked Varghese, and was lying dumped on the floor of his house. He rushed to the spot and found Varghese lying on the floor, with bleeding injuries. Injured was immediately rushed to the nearby hospital from where he was shifted to Bathery hospital and thereafter in turn referred to the Medical College hospital. It was alleged that the accused had attempted to pray in the name of Allah, which was objected to by Varghese. Infuriated, the accused hit him on head with a stick and thereafter, stamped on the chest and the stomach. Blood started flowing from the nose and ears. While undergoing treatment in the medical college hospital, Varghese died on 20.11.2012. In the meanwhile, on 13.11.2012 at about 11.30 a.m., PW1 had laid the FIS which was recorded by PW9. Originally, the charge was under Section 324 and consequent to the death of Varghese, it was altered to Section 302 of IPC. After conclusion of the investigation, final report was laid before the Court for offence punishable under Section 302 of the IPC. The accused pleaded not guilty and faced the trial.

(3.) THE allegation against the accused is sought to be established through the oral testimony of PWs.1 and 2. Both are stated to be neighbours. Both have deposed uniformly alleging that the accused had approached them on 09.11.2012 at about 7 a.m. separately and conveyed to each of them, that he had kicked and dumped Varghese. Thereafter, both of them rushed to the house and found Varghese with bleeding injuries. Thereafter, he was taken to hospital and ultimately to the Medical College Hospital in an ambulance.