CHELLAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is directed against the Judgment dated 6th December 2013 passed by the learned Additional Sessions Judge, Ottappalam in S.C.No.376/2012 convicting and sentencing the accused/appellant for the offence punishable under Section 302 of the Indian Penal Code (for short IPC). The appellant was charge sheeted by Sholayur Police in Crime No.135/2011 for having committed offences punishable under Sections 302 and 201 of the IPC. He was tried and convicted under Section 302 of IPC and sentenced for life imprisonment with fine of Rs. 1000/- and in default to undergo three months imprisonment and acquitted under Section 201 IPC. Assailing the said judgment, this appeal has been preferred by the accused/appellant.

(2.) The prosecution case in brief is that the deceased who was having slight mental problem used to enter into the house of the appellant under construction and cook food after taking provisions from the residence of PW1, his sonin law. Though, the appellant objected it and warned the deceased from entering into the house and cooking food in his house under construction, it was ignored by the deceased. On 8.10.2011, the deceased was seen lolling in the house by the appellant. Though the appellant requested him to leave the place, he did not pay any heed to his request and remained there. Infuriated by the same, the appellant with the intention to murder him had beaten him to death with MO.1, the handle of a pick axe and thus committed murder of Nagan, the deceased between 20.00 hours on 8.10.2011 and 8.30 hours on 10.10.2011.

(3.) On 10.10.2011 at 8.30 a.m, the dead body of Nagan was found with head injuries in an uninhabited place at Chinnakkallakara, Agali in Palakad District. PW1, who got the information from one Ravi, the Panchayat President, has given Ext.P1 F.I. Statement at 9.15 a.m on 10.10.2011 before PW14, the S.I.of Police and Ext.P12 F.I.R No135/2011 was registered under Section 302 IPC. PW14, after recording the F.I. statement rushed to the spot where the body was found and prepared Ext.P2 Inquest Report as the body was identified by PW2 and another witness and forwarded the same for postmortem examination. PW3, the Doctor attached to the Forensic Department of Medical College, Thrissur had conducted autopsy and prepared Ext.P3 postmortem certificate and certified that it was a case of homicide. The investigation was taken up by PW14 and subsequently by PW15, the C.I.of Police on 17.10.2001. PW14 arrested the appellant on 10.10.2011 as per Ext.P14 Arrest Memo after giving Ext.P13 Intimation of Arrest. MO1 weapon was recovered on the basis of the information furnished by the appellant. After conclusion of the investigation, charge sheet was filed under the above referred provisions of law. The case was committed to the Court of Sessions after completion of all procedural formalities and transferred to the Court of the Additional Sessions Court, Ottappalam. The appellant was defended by a counsel appointed by the State. When charge was framed and read over to the appellant he denied the prosecution allegations and claimed to be tried. In order to support its' case, the prosecution examined 16 witnesses and exhibited 33 documents. The prosecution also identified 13 Material Objects .