KALIRAJA Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the accused in S.C. No. 303 of 2016, on the file of the Additional District and Sessions Judge, Pala. In the said case, he was indicted for having committed offences punishable under Ss. 302 and 201 of the Indian Penal Code. By the impugned judgment, he was found guilty and sentenced to undergo imprisonment for life and to pay a fine of ?2,00,000/-, with a default clause, for the offence punishable under Sec. 302 of the IPC. He was also sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of ?50,000/-, with a default clause for the offence under Sec. 201 of the IPC. The substantive sentences were ordered to run concurrently.

(2.) The deceased, Ramar, was a stone cutter by profession. He, along with his father Alakar Swami (PW8), Easki (PW6), the brother of the deceased, and the appellant, worked under a contractor named Sidique (PW1) and they all worked in the property of one Murali (PW2). All of them resided in a rented house owned by one Sasi, which was provided for housing the employees. According to the prosecution, on 24/1/2016, PWs 6 and 8 left for their native place in Tamil Nadu at 12 noon and after that the deceased and the appellant were together. As per the charge, at approximately 8:00 p.m., the appellant, allegedly under the influence of alcohol, attacked the deceased with a wooden stump and delivered a blow to his head. When the wooden stump broke into two pieces, the appellant took firewood from the kitchen fireplace and struck the deceased on the head again. It is further alleged that the injured Ramar was then pushed into a small chamber beneath the fireplace behind the kitchen and the appellant covered him with clothes and then set him on fire. Ramar's body was completely charred and rendered unidentifiable.

(3.) The prosecution alleged that in pursuance to the commission of the offence as aforesaid, the appellant allegedly fled to his native place. On 25/1/2016, at around 11:00 p.m., he reached his home in Tamil Nadu and met his wife, Mariammal (PW7). The prosecution contends that the appellant confessed to the crime before his wife and at that time, Pandiyammal (PW9), the wife of the deceased, was also present. The appellant is alleged to have confessed the crime before PW9 and begged for forgiveness. Pandiyammal immediately informed Narasingam (PW10), her father. Both PW9 and PW10 proceeded to the Othakkada Police Station, where they reported the incident to S.Thanka Durai (PW30). Subsequently, the appellant was summoned to the Police Station, and the Kerala Police were intimated.