T. BALAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in this case was prosecuted for the offence punishable under Section 302 of IPC and was found guilty of the same. He was therefore convicted and sentenced to suffer imprisonment for life and to pay a fine of 50,000/ - with a default clause of one year rigorous imprisonment. It was also directed that if the fine amount was realized, the same would be paid as compensation to the parents of the deceased under Section 357(1)(c) of Cr.P.C.. Set off as per law was allowed.

(2.) The prosecution story runs thus. The incident in this case occurred on 25.4.2004 at about 10.30 p.m. in a by -lane in front of the Gurupuram temple where festival was going on. PW1, the deceased and few of their friends had gone to see the festival. The accused also came to the place. While the deceased and PW1 talking in front of the temple, the accused met them and he asked PW1 whether he was trying to gather people to do away with him. PW1 then asked the accused what he was talking about. Then one Mani, who was with PW1, tried to persuade him not to continue the talk and almost removed PW1 from the place. At that time, it is alleged that the accused shouting that I will do away with you, drew a dagger from his loin and rushed at PW1. Seeing the rush of the accused towards PW1, his brother, the deceased came to the rescue. The accused is alleged to have turned his wrath on the deceased. He, using the dagger, inflicted three injuries on the deceased. The deceased was removed to the hospital in a jeep first to the Nursing Home at Kanhangad, where the doctor after examining the person, directed them to take him to the District Hospital at Kanhangad . Though the injured was removed to the said hospital, by the time he arrived at the hospital, the deceased had succumbed to his injuries.

(3.) PW1, the brother of the deceased, laid Ext.P1 First Information Statement. PW13, the Additional Sub Inspector of Hosdurg Police Station recorded the same and registered crime as per Ext.P1(a) FIR. The investigation was taken over by PW15. He took over investigation on 26.4.2004. He went to the District Hospital and conducted inquest over the body of the deceased and prepared Ext.P2 report. He also seized MOs 2, 3 and 4 found on the body of the deceased. He had then the body sent for autopsy. Autopsy was conducted by PW11 who furnished Ext.P7 report. In the meanwhile, PW15 proceeded to the place of occurrence and prepared Ext.P3 scene mahazar. As per the scene mahazar, he seized MOs 5 and 6. He recorded statements of witnesses and made efforts to find out the accused and the weapons used by him. On 28.4.2004, the accused was located and he was arrested at about 1.30 p.m.. His statement was recorded. On the basis of his statement namely, Ext.P9, weapon of offence was recovered as per Ext.P4 mahazar. He also seized the clothes said to have been worn by the accused at the relevant time and they are MOs 7 and 8. He had all the materials seized during investigation sent for chemical examination and obtained Ext.P10 report. He completed investigation and laid charge before court.