MURUGAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Murukan, accused in this case, was tried for the offence punishable under Sec. 302 of Indian Penal Code on the allegation that he had caused death of his brother Kannankutty. After trial, he was found guilty of the offence and was therefore convicted and sentenced to undergo imprisonment for life and to pay fine of Rs. 1,000/ - with default clause of imprisonment for one month. Benefit of set off was granted to him provided appropriate Government exercises powers under Ss. 432 or 433 Cr.P.C.

(2.) The prosecution story runs thus:

(3.) PW2 is yet another brother of deceased. PW1 would say that no sooner than he saw the accused going away to Pothampadam side, PW2 informed him that the accused had done away with Kannan using a wooden stump. PW1 went to the Tharavad house and when he reached there, he found Kannan, the deceased, lying in the veranda of the house soaked in blood with injuries on his face and head. The weapon used for attack was found nearby. Wasting no time, PW1 went to the Kollengode Police Station and laid Ext. P1 First Information Statement. That was recorded by PW12 Sub Inspector of Police who registered crime as per Ext. P1(a) First Information Report.