AKKANTAPPA Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is filed by the first accused in SC No.363/2018 on the files of the Additional Sessions Court-II, Kasaragod challenging his conviction and sentence passed under Sec. 302 IPC.

(2.) The prosecution case is that on 6/8/2017 at about 6.30 pm the accused two in number, in furtherance of their common intention to murder Rangappagaji, hit him on his chest using a laterite stone causing fractures on his ribs and resulting in his death. It is alleged that the motive for committing the act is the deceased demanding back the money borrowed by the first accused. It is also alleged that after commission of the crime, the first accused misappropriated the mobile phone of the deceased. Hence, the prosecution alleged that the accused have committed the offences punishable under Ss. 302 & 404 read with sec. 34 IPC.

(3.) On appearance of the accused before the trial court, charges were framed against them for afore offences, to which they pleaded not guilty. Thereafter, from the side of the prosecution, PW1 to PW24 were examined and Exhibits P1 to P31 documents and MO1 to MO27 were marked. On questioning under Sec. 313 Cr.P.C, the accused denied all the incriminating circumstances appearing against them in evidence and contended that they are innocent. The first accused stated that he is not having any connection with the alleged murder and he has been falsely implicated in the case. Even though the accused were called upon to enter their defence, no evidence was adduced from their side. The trial court, on an appreciation of the evidence on record, found the second accused not guilty of the offences alleged against him and acquitted him. The trial court also acquitted the first accused of the offence punishable under Sec. 404 read with sec. 34 IPC. But, it found the first accused guilty of committing an offence punishable under Sec. 302 IPC and convicted him thereunder. The first accused was sentenced to undergo imprisonment for life and to pay a fine of Rs.1,00,000.00 under Sec. 302 IPC. In case of default, he was ordered to undergo rigorous imprisonment for a period of one year.