PIOUS @ MONAI Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused was put in the dock and tried for the offence punishable under Section 302 of IPC. He was found guilty. He was therefore convicted and sentenced to suffer imprisonment for life. It is distressing to note that even though sentence contemplated under Section 302 includes the fine, no fine has been imposed. Set off was allowed subject to the orders to be passed by the competent authority under Sections 432 or 433 of Cr.P.C.

(2.) The prosecution story runs thus: The deceased was a contractor by profession and PWs 1 and 2 were his employees at the relevant time. He had taken the work of laying a road called Thekkemala -Kariyoram road. On the date of incident, the deceased had gone with his jeep with the trailer attached to the same to transport the stones which he had collected during the construction of the road and heaped it at a particular place. While he was transporting the stones to his trailer, the accused reached the place and questioned his act. The deceased is said to have replied that stones belonged to him and he is entitled to take away the same. The accused, agitated by the said words of the deceased, first assaulted him on his chin. When the deceased was about to get out of the jeep, the accused with the knife which he carried with him for tapping rubber inflicted an injury on the neck of the deceased. PWs 1 and 2 who were standing nearby, raised cries which called the attention of others and which made the accused to run away through the rubber estate belonging to him. Though the deceased was initially attempted to be taken to the hospital in the jeep in which trailer was attached, finding that it may too late to reach the hospital, he was transferred to a jeep which had come along the way and taken to the hospital. He was taken to the Mundakkayam Medical Trust Hospital where the doctor on examination pronounced the deceased dead.

(3.) PW1 who had occasion to witness the incident laid Ext.P1, First Information Statement quite promptly. It was recorded by PW9, the Sub Inspector of Police, who, on that basis, registered crime as per Ext.P7, FIR. Under instruction from PW10, the Circle Inspector of Police, who had taken over investigation, he searched the house of the accused as per Ext.P3 search list and recovered MO1, the weapon of offence. The investigation was carried on by PW10. He went to the place where body had been retained and conducted inquest over the body of the deceased Appachan and prepared Ext.P2 inquest report. He then went to the place of occurrence and prepared Ext.P8 scene mahazar. He recovered the jeep which was found at the place of incident and he also collected blood stains from the seats which were found on the jeep and had them sent for chemical analysis. The clothes and the watch found on the body of the deceased were taken as MOs 4 to 8. He had taken the statements of witnesses and had prepared a forwarding note to send the articles which were seized during investigation to court for forensic examination. The accused was arrested on 30.9.2005. The investigation was completed and charge was laid before court by PW10.