JAISON Vs. STATE OF KERALA

JUDGEMENT

(1.) The life of Gopakumar, a 23 year old canteen supervisor working at the canteen attached to the Westfort Hi -Tech Hospital at Thrissur, was snuffed out at 8 p.m. on 12.01.2003. The appellant, who was working as a supplier in the same canteen, was charged for having committed the crime. He was tried by the Additional Sessions Judge, Thrissur, (Fast Track Court - No. II Ad hoc) for having committed offence punishable u/s. 302 of IPC and as per judgment dated 10.07.2009, was found guilty and was convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/ - with a default clause. The above finding of guilt, conviction and sentence is challenged in this appeal. A brief resume of the prosecution case is as follows:

(2.) The FIR which is marked as Ext. P1(a) was registered at 9.30 p.m. on the same day itself by PW 10, the Sub -Inspector of Police, based on the statement furnished by PW 2, Rajesh, the assistant cook working in the same hospital canteen. It reveals that the injured was initially taken to the Westfort Hi -Tech Hospital by PWs 2, 3 & 4, where he was attended to by PW 6, who had issued Ext. P3 wound certificate. Owing to the seriousness of the injuries, the injured was referred to the nearby Westfort Hospital, but his life could not be saved and was declared dead on arrival by PW 7. PW 16, the Circle Inspector of Police, took over investigation and prepared Ext. P8 inquest over the body of the deceased. MOs 3, 4 and 6 to 12 were seized. Thereafter, Ext. P17 scene mahazar was prepared and MO 1 fork, MO 2 knife and MO 5 gold chain found at the scene of crime were seized. Immediately after the incident, the appellant got himself admitted in the Medical College Hospital, Thrissur, where he underwent treatment, until he was arrested by PW 16 on 20.01.2003. Witnesses were questioned by PW 16 and in the course of investigation, PW 15 issued a requisition for recording the 164 statement of material witnesses. PW 8, the Judicial Magistrate of First Class -III, Thrissur, recorded the 164 statements of PWs 2 to 4. It was PW 5, the forensic expert attached to the Thrissur Medical College Hospital, who conducted autopsy over the dead body and issued Ext. P2 postmortem certificate. Finally, after conclusion of investigation, it was PW 15 who laid the final report before jurisdictional Magistrate, and the said court took cognizance of the offence.

(3.) Committal proceedings were initiated by the learned jurisdictional Magistrate and after complying with the formalities, committed the case to the Court of Sessions. The charge was framed in accordance with law and when the same was read over to the accused, he pleaded not guilty and claimed that he be tried.