YOHANNAN @ BIJU Vs. THE STATE OF KERALA

JUDGEMENT

(1.) The above appeal was preferred by the sole accused in SC No.114/2009 on the files of the Additional Sessions Court-II, Mavelikkara. The appellant stands convicted under Section 302 of the Indian Penal Code (IPC) and sentenced to undergo imprisonment for life and to pay fine of Rs.1,50,000/-; and in default to undergo simple imprisonment for a period of 2 years. The court below ordered that the fine amount if realized, an amount of Rs.1,00,000/- shall be paid to PW4, mother of the deceased, by way of compensation under Section 357 (1) (b) Cr.P.C.

(2.) Prosecution case is that on 24-07-2004 at about 7.30 a.m. the appellant, due to enmity with the deceased, who is the brother of the appellant's father, for the reason that the deceased had done some mischief to the appellant's mother and also due to some property disputes existed, with the intention of causing his death, had attacked the deceased in front of a double storied building bearing No.II/340 of Chennithala-Thripperumnthura Panchayat situated on the eastern side of Mannar-Valiaperumpuzha public road. The appellant had beaten the deceased with a 'Velippathal' (wooden stick) on his 'nasal bridge' and also on the left side of his neck. The deceased succumbed to the injuries sustained at about 8.10 a.m., thereby the appellant had committed the offence punishable under Section 302 IPC.

(3.) Exhibit P1 first information statement regarding the incident was given to the police by PW3, brother of the deceased, which was recorded by PW23. Based on Ext.P1 statement Ext.P15 First Information Report (FIR) was registered. PW27 Circle Inspector of Police took charge of the investigation on the same day. He visited the site and examined the dead body and prepared Ext.P2 inquest report. MO4 which is two pieces of the 'Velippathal', were recovered from the scene of occurrence. Based on a disclosure statement of PW13, who is the mother of the appellant, MO1 'T-Shirt' having blood stains was seized from the house of the appellant by preparing Ext.P8 mahazer. PW27 had visited the scene of occurrence along with PW19 Scientific Assistant, who had issued Ext.P11 report. Autopsy on the dead body was conducted by PW21 at the Medical College Hospital, Alappuzha on 25-07-2004. Exhibit P13 is the Post Mortem Certificate. In the course of investigation, PW27 received information from Mundakayam police station with respect to apprehension of the appellant. On that basis the appellant was arrested by PW 27 at about 7.15 p.m. on 25-07-2014, after preparing Ext.P16 Arrest Memo. On questioning, the appellant gave Ext.P10 (a) disclosure statement, based on which and as led by the appellant MO3 'Kaili' (lunki) worn by him at the time of the occurrence was recovered from the house of the appellant, on preparing Ext.P10 Mahazer, on 26-07-2004. After arrest of the appellant, PW27 had produced him before the Taluk Hospital, Kanjirapally at about 10.10 p.m. on 25-07-2004. Exhibit P17 is the Wound Certificate issued from the said Hospital with respect to his medical examination. The accused was produced before the Judicial First Class Magistrate-II, Chenganoor and got remanded to judicial custody by submitting Ext.P20 remand report. Subsequently, the appellant was given under police custody on 02-08-2004 till 05-08-2004. During the said period, based on Ext.P7 (a) disclosure statement of the appellant and as led by him MO2 Golden Ring was recovered from the house of PW14 on 02-08-2004, by preparing Ext.P7 Mahazer. The investigation was completed and the final report was submitted by PW26.