JOHNY Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant was found guilty of the offence under Section 302 of the Indian Penal Code and he was sentenced to undergo imprisonment for life and to pay a fine of Rs.5,000/- and in default to undergo rigorous imprisonment for a further period of one year. In this criminal appeal, the appellant challenges the conviction and sentence.

(2.) The date of occurrence was on 5.5.2004 at 10 p.m. in front of the house of Thankamma (PW2), where her daughters Bijimol and Shijimol (PW5) were also residing. The accused is the husband of Shijimol. The deceased was in love with Bijimol, the daughter of Thankamma. The love affair was known to the inmates of the house and they agreed for their marriage. The prosecution case is that the accused did not like the deceased Aneesh Mathew coming to the house of Bijimol and he even threatened to do away with Aneesh Mathew, if he were to marry Bijimol. It is alleged that on 5.5.2004 at 10 p.m. when Aneesh Mathew (deceased) came to the house of Thankamma, the accused attacked him with MO.1 chopper. Aneesh Mathew cried aloud. Thankamma and her daughters Bijimol and Shijimol came out of the house. Rabeca (PW6), the younger sister of Thankamma, who was residing nearby, and two neighbours, namely, Sundaresan and Soman came to the scene of occurrence. The house of Thankamma is situated in an interior place and it is surrounded by reserve forest. One has to walk for half an hour to reach the place where a jeep could be hired. A jeep was hired and Aneesh Mathew was taken to the Government Hospital, Punalur, where PW10 Doctor, after giving first aid to the victim, referred him to the Medical College Hospital, Thiruvananthapuram. The injured was taken to the Medical College Hospital, Thiruvananthapuram at 12.30 p.m. on 6.5.2004. PW17 Head Constable recorded the F.I. statement of Aneesh Mathew, on the basis of which Ext.P11(a) F.I.R. was registered by PW18, the Sub Inspector of Police. Aneesh Mathew succumbed to the injuries at 3.20 p.m. on 9.5.2004. PW3 conducted the postmortem examination and issued Ext.P1 postmortem certificate. The investigation was conducted by the Circle Inspector of Police (PW20). The accused was arrested on 7.5.2004 by PW20. According to the prosecution, the accused gave a confession statement and on the basis of which MO.1 chopper was discovered from a place hidden under a jack tree, a few metres away from the place of occurrence.

(3.) When PW10 Doctor examined Aneesh Mathew at the Government Hospital, Punalur, he recorded that the patient was conscious. In Ext.P11 F.I. statement, it is mentioned that Aneesh Mathew could not put his signature and therefore, his thumb impression was taken. The victim stated in the F.I. statement that his body had become paralysed below the neck as a result of the injury sustained.