KARIMBIL HAMZA, Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal has been preferred by the appellant/accused challenging the judgment of conviction and order of sentence passed by the 1st Additional Sessions Judge, Kalpetta in S.C. No. 141 of 2011 by which he was found guilty under Section 302 of the Indian Penal Code, 1860 (for short 'IPC') and sentenced to undergo imprisonment for life and also to pay a fine of '50,000/- (Rupees Fifty Thousand only) in default of which to undergo rigorous imprisonment of one year for the aforesaid offence.

(2.) Prosecution case in a nutshell is as under: The deceased Saidalikutty and the appellant Karimbil Hamza were neighbours. The appellant wished to draw an electric line to his house for which he wanted to erect an electric post on the pathway that leads to the house of the deceased. Saidalikutty objected to the same and it made the appellant angry. The objection was raised on the ground that erection of post would be an obstruction to the people in the locality to take the patients to hospital and to take the dead bodies to the burial ground attached to the Mosque. Allegation is that the appellant had retorted saying that he would see the dead body was taken through the way with an implied indication that he would kill the deceased so that the dead body of the deceased itself would be taken along the pathway. The appellant who was nursing such a grudge towards the deceased was waiting for an opportunity to settle scores. On 17/07/2009, at about 08.00 p.m., while the deceased was on his way to his home, the appellant hit him with a granite stone and thereby inflicted grievous injuries which resulted in his death.

(3.) To prove their case, prosecution examined PWs 1 to 16 as witnesses, marked documents as Exts.P1 to P24 and identified MOs 1 to 9. On closure of prosecution evidence, the appellant was questioned under Section 313 of Cr.P.C. He denied the incriminating evidence appearing on record and pleaded that he is innocent. He deposed that he had no enmity with the deceased nor he lodged complaint against the deceased. He stated that he lodged complaint against PW2 Mohammedali. No evidence is adduced from the side of the defence.