DEVADAS Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is filed by the sole accused in SC No.525/2016 on the files of the Additional Sessions Court-V, Palakkad challenging his conviction and sentence imposed under Sec. 302 IPC by that court.

(2.) The prosecution case is that, on 27/12/2015 at about 5.30 pm, in the courtyard of the house bearing No. VIII/522 of Kinassery Village, Palakkad, the accused committed murder of Jayakumaran by inflicting blows upon him using wooden sticks, bricks, cement block and granite stone. Hence, the prosecution alleged that the accused has committed an offence punishable under Sec. 302 IPC.

(3.) In the trial court, from the side of the prosecution PW1 to PW18 were examined and Exts.P1 to P28 & MO1 to MO11 series were marked. Ext.D1 contradiction was also marked by the accused through the prosecution witnesses. When the accused was examined u/s 313 Cr.P.C. he denied all the incriminating circumstances appearing against him in evidence and contended that he was innocent. Even though the accused was called upon to enter his defence, no evidence was adduced. The trial court, on an appreciation of the evidence on record, found the accused guilty and convicted him under Sec. 302 IPC. The accused was sentenced to undergo imprisonment for life and to pay a fine of Rs.3,00,000.00 under Sec. 302 IPC. In case of default, the accused was ordered to undergo rigorous imprisonment for a period of two years.