RAJESH Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in this case was put in the dock and tried for the offences punishable under Sections 302 and 307 of the Indian Penal Code. He was found guilty of the offence punishable under Section 302 of IPC but though acquitted for the offence under Section 307 IPC, he was found guilty of the offence under Section 324 of IPC, resulting in, he being convicted for the said offences and sentence of rigorous imprisonment for life and fine of 25,000/ - with a default clause of one year simple imprisonment was imposed for the offence under Section 302 and he was also sentenced to undergo rigorous imprisonment for one year for the offence under Section 324 of IPC.

(2.) The prosecution narrates the incident thus: The deceased is the uncle of PW3. The deceased is also the younger brother of the father of the appellant. The prosecution would allege that on the date of incident, i.e. on 23.10.2009 at about 4.00 p.m., PW6 rushed to the house of PW1 and she is alleged to have told PW1 that PW3, the deceased and the accused were engaged in a quarrel and that he may come and solve the issue. PW1 rushed to the house of PW6. When he reached in front of the house, he found the accused coming out of the house with a blood stained knife in his hand. When he got inside the house, he found PW3 with an abdominal injury said to have been inflicted by the accused. When he went to the next room, he found Sabu, the deceased, lying there motionless. He understood that Sabu was no more. The prosecution would allege that there was a proposal mooted by PW6, the deceased and PW3 to marry the sister of the accused which was not to his liking and she was given in marriage to some other person. The sister of the accused had later returned to her parental house. The prosecution would allege that ever since then, all was not well with the two families and they were at loggerheads. That seems to be the motive, according to the prosecution, for the act committed by the accused.

(3.) Learning about the incident on reaching the house of PW6, PW1 went to the police Station and gave Ext.P1 First Information Statement. It was recorded by PW11, who registered crime as per Ext.P1(a) FIR. PW12 took over investigation. It may be mentioned here that having suffered injury, PW3 went to the hospital and PW9 had examined him and issued Ext.P7 wound certificate. PW12, on taking over investigation, went to the place of occurrence along with the Scientific Assistant and Fingerprint Expert and they initially conducted inquest over the body of the deceased and prepared Ext.P2 report. He seized certain articles found at the place of occurrence. He also prepared a scene mahazar Ext.P5 and collected blood sample from the place where there was a pool of blood in the room in which incident had taken place.