SURESH KUMAR C. P. Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is filed by the sole accused in SC No.598/2018 on the files of the Special Court for the Trial of SC/ST(PA) Act Cases, Kozhikode challenging his conviction and sentence imposed under Sec. 302 IPC read with Sec. 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the SC/ST(POA) Act' for short). Prosecution case

(2.) Deceased Chandran is a coconut climber belonging to the Scheduled Caste-Pulayan community. On 10/4/2018, the accused who is not a member of Scheduled Caste and Scheduled Tribe, called the deceased for plucking coconut in his property. After completion of work, the accused offered country liquor to the deceased. Thereafter, an altercation took place between the deceased and the accused in connection with the wages to be paid. Some time between 13.00 hours and 15.45 hours, the accused with an intention to kill the deceased, took a chopper and aimed at the neck of Chandran. When he evaded the attack, it fell upon his jaw causing a deep injury. When Chandran fell backwards, his head hit the step causing another injury. Thereafter, the accused repeatedly aimed the neck of the deceased, which was timely prevented by him using his hands. The accused also repeatedly kicked the chest and abdomen of the deceased thereby causing serious injuries to his internal organs, resulting in the deceased succumbing to his injuries. Hence, the prosecution alleged that the accused has committed an offence punishable under Sec. 302 IPC r/w Sec. 3(2)(v)of the SC/ST(POA) Act.

(3.) On appearance of the accused, charge was framed against him under Sec. 302 IPC and Sec. 3 (2)(v) of SC/ST(POA) Act to which he pleaded not guilty. Thereafter, from the side of the prosecution, PW1 to PW29 were examined, Exts.P1 to P40 and MO1 to MO14 were marked. When examined under Sec. 313 Cr.P.C., the accused denied all the incriminating circumstances brought against him in evidence and pleaded innocence. He stated that the deceased had plucked the coconuts and he collected the same, and thereafter, he does not know what had happened. Even though the accused was called upon to adduce evidence, no evidence was adduced from his side. The trial court, on an appreciation of the evidence on record found the accused guilty and convicted him under Sec. 302 IPC r/w Sec. 3(2)(v) of SC/ST(POA) Act. The accused was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.1,00,000.00 under Sec. 302 IPC read with Sec. 3(2)(v) of SC/ST(POA) Act. In case of default, the accused was ordered to undergo rigorous imprisonment for a further period of one year.