BIJU Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal arises from the judgment dated 31/8/2010 in SC No.466/2008. The accused in the said case was found guilty u/s 447 and 302 of I.P.C. He is sentenced to undergo simple imprisonment for three months for the offence u/s 447 I.P.C. and to undergo imprisonment for life and to pay a fine of Rs. 5,000/- for the offence u/s 302 I.P.C. In default of payment of fine, he is to undergo simple imprisonment for three months.

(2.) The accused has preferred this appeal inter alia contending that the Court below had not properly appreciated the evidence in the case and the entire allegation against the accused could not be proved beyond reasonable doubt. It is argued that a correct reading of the evidence would show that the accused had not committed the crime as alleged. The Court below had erroneously found him guilty and therefore a re-appreciation of the evidence is required in the matter.

(3.) On the other hand, learned Public Prosecutor submitted that appellant is involved in a heinous crime as he had committed murder of a lady by trespassing into the compound of their house. It is submitted that he had poured acid on the face of the said lady when she was in her compound by about 8 p.m on 15/1/2002. She sustained serious burn injuries and succumbed to death on 19/4/2002 at 8.45 a.m. When the Court below had, based on evidence arrived at a conclusion that the accused had committed the crime, there is no material whatsoever to arrive at a different finding. Learned Public Prosecutor therefore sought for confirming the conviction and sentence.