CHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Chandran, son of Sanku who was tried in Sessions Case No. 4 of 1992 by the Court of Sessions, Palakkad Division for an offence punishable under Section 302 I.P.C. was convicted under Section 323 I.P.C. and sentenced to undergo rigorous imprisonment for a period of3 months. The conviction and sentence are challenged by the accused in Criminal Appeal No. 589 of 1992. The State preferred Criminal Appeal No. 419 of1993 and sought conviction of the accused under Section 3021.P.C. At the time of admission of Criminal Appeal No. 589 of 1992, Crl. R.C. No. 81 of 1992 was ordered to be registered and notice was issued to the accused to show cause why he should not be convicted as charged and why the sentence imposed on him should not be enhanced. All the three cases are heard by us together.

(2.) According to the prosecution, the accused Chandran obtained Rs. 200/- from deceased Muralikrishnan on the basis of a promissory note. As the amount was not repaid, Muralikrishnan instituted a suit in the Munsills Court, Chittur as S.C. No.8 of 1988. The case was posted to 1.12.89 on which day Muralikrishnan, PW 1 (the scribe who prepared the promissory note) and PW 2 (one of his friends) had gone to the Munsills Court, Chittur in connection with the said suit. Evidence and arguments in the case were over on that day and they returned by bus. The accused was also travelling in the bus. The deposed, PW s 1 and 2 alighted from the bus at the bus stop situated in front of Chant hap petta at Koduvayur. The accused also got down and he caught hold of the deceased by his shirt and mundu and kicked him on his abdomen and chest. The deceased fell down. Again the accused kicked him. PW s 1 and 2 took deceased Muralikrishnan to Dr. C.S. Gopinathan, PW 7, who examined the deceased and advised him to be taken to the nearest Primary Health Centre. Accordingly, he was t8ken to the Primary Health Centre where he was examined by PW 8 who found him dead.

(3.) First Information Statement, Ex. P 1, was given by PW 1 to PW 19. On the basis of the statement, Crime No. 285 of 1989 under Section 3021.P.C. was registered and Ext. P lea) is the First Information Report. PW 19 visited the spot and repaired Ext. P 6 scene mahazar. At the time of pre paring the scene mahazar; MOs. 1 and 2 were recovered. PW 20, Sub Inspector of Police conducted the inquest. Ext. P4 is the inquest report which was attested by PW 10 MOs. 3 to 6 were recovered at the time of inquest. PW 15, Assistant Professor of Forensic Medicines conducted autopsy on the body of the deceased. Ext. P 8 in the post mortem certificate. After completing investigation, PW 22 laid the charge sheet