RAMAKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Bhaskaran, a 29 year old toddy tapper, was allegedly stabbed to death by the appellant, late in the evening of 19.9.2005. He was in the said circumstances indicted and tried for the offence punishable under Sec. 302 of the IPC. As per judgment dated 13.12.2011, he was found guilty and was sentenced to undergo imprisonment for life and to pay a fine of Rs. 25,000/ - with a default clause to undergo rigorous imprisonment for six months. The above finding of guilt, conviction and sentence are assailed in this appeal.

(2.) The synopsis of the prosecution case is as follows: - -

(3.) On the basis of the information given by PW1 -Pushpan, PW16, the Sub Inspector of police recorded Ext. P1 FI statement based on which Ext. P1(a) FIR was registered. Investigation was taken over by PW17, the Circle Inspector of police on 20.9.2005. He went to the District Hospital and conducted Ext. P2 inquest over the dead body of the deceased. MO4 series clothes worn by the deceased were seized. The body was sent for autopsy to ascertain the cause of death. PW15 -Dr. Rema, the Forensic Surgeon, conducted postmortem and issued Ext. P9 certificate. Thereafter, PW17 went to the scene of crime and prepared Ext. P6 scene mahazar. He seized certain items which were found at the scene of crime as per Ext. P6 mahazer. The clothes worn by the deceased at the time of occurrence, were seized as per Ext. P7 seizure mahazar. Search conducted in the house of the accused did not unearth anything. The accused was arrested at 8.00 pm on 20.9.2005. On the basis of Ext. P8(a) disclosure statement given by the accused MO 1 knife was seized from under a rock at 'Engineer mala' as per Ext. P8 seizure mahazar. Thereafter, witnesses were questioned and as per Ext. P13 forwarding note, MOs were sent to the Forensic Laboratory for analysis. Ext. P10 is the FSL report received from the Lab. The investigation was thereafter, taken over by PW12, the Circle Inspector of Police. The said officer after completion of investigation, laid charge before Court.