BIJESH Vs. STATE OF KERALA

JUDGEMENT

(1.) The substantial question that is raised by the learned Senior Counsel for the appellant is whether, even if all the facts are admitted, court below was justified in convicting the accused for the offence punishable under Sec. 302 of Indian Penal Code and awarding a sentence of imprisonment for life and fine of Rs. 75,000/ - with default clause of simple imprisonment for one year.

(2.) Ajith Kumar, the deceased, was the brother of PW1 who laid Ext. P1 First Information Statement. The incident as alleged by the prosecution is that on 30.07.2005, Ajith Kumar, who was previously engaged in fish vending and who, at the time of incident, was engaged in selling of books, was on his way along with PW2 to his house on the motorbike driven by him. When they reached a place called 'Thumbukandy peedika', a bicycle was seen coming from opposite side and the person who came on the bicycle abused the rider of the motorbike for splashing mud water on him. Further allegation is that the cyclist, who is the accused herein, when the deceased and pillion rider questioned him about the abuses showered on them, manhandled the deceased causing severe injuries which ultimately resulted in his death. PW1, the brother of deceased, who came to know that his brother Ajith Kumar died on the way to hospital, laid Ext. P1 First Information Statement. It was recorded by PW13 who registered crime as per Ext. P15 First Information Report.

(3.) Investigation was taken over by PW14 who was the Circle Inspector of Nadakkavu Police Station at the relevant time. He entered into investigation on 31.07.2005. He prepared the inquest report of the deceased which is marked as Ext. P5. He had the photographs of the body taken and the photographs and the negatives are Exts.P7 and P8 respectively. Thereafter he visited the place of occurrence and prepared Ext. P9 scene mahazar and also seized the motorcycle found at the place. After the inquest was conducted, body was sent for autopsy and PW10 conducted autopsy and furnished Ext. P10 report. In the meanwhile, PW14 had recorded statements of certain witnesses and he also had statement under Sec. 164 Cr.P.C recorded with respect to two witnesses after following necessary procedures. He obtained the plan of the site where the incident had occurred. The accused surrendered before court and coming to know about the same, PW14 obtained custody of the accused. On his information, the cycle on which he was travelling at the relevant time was seized as per Ext. P14. It may be noticed here that PW14 had also seized the clothes found on the body of the deceased at the time of inquest and they are marked as M.O.s 2, 3, 4 and 5. He filed Ext. P21 report showing the details of the accused. He also had filed forwarding note to send the article seized during investigation for forensic examination.