ANEESH @ ANU Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal has been preferred by the appellant challenging the judgment of conviction and order of sentence passed by the 5th Additional District and Sessions Judge, Kottayam in S.C. No. 294 of 2013 dated 10/10/2014 arising out of Crime No.497 of 2013 by which he was found guilty for offence under Section 302 of the Indian Penal Code, 1860 (for short 'IPC') and was sentenced to suffer imprisonment for life and to pay a fine of Rs.25,000/- (Rupees Twenty Five Thousand only) in default of which to undergo imprisonment for a period of one year.

(2.) Prosecution has projected the following case against the appellant: The appellant/accused is the son of the deceased Sasidharan. Both of them were residing together in the house situated at Varikkamkunnu kara. The wife of the deceased and his elder son were residing separately in a rented house. Earlier, they all were residing together. Due to the bad behaviour and habitual drunkenness of the deceased, they left him. The appellant was residing at his wife's house in Perumbalam. He left the house of his wife six months prior to the incident and started to stay with the deceased. Due to the enmity owing to misbehaviour of the deceased after consuming alcohol, on 09/07/2013 at 04.30 p.m., with an intention to commit murder of the deceased, the appellant/accused herein manhandled the victim and hit him with a hammer at their house situated in Ward No.XIV of Velloor Grama Panchayath in Velloor Village and voluntarily caused grievous hurt to his head above the left ear. The victim succumbed to the injuries.

(3.) Prosecution examined PW1 to PW11 as witnesses, marked documents Exts.P1 to P10 and identified MO1 to MO3 as material objects. After the closure of prosecution evidence, the appellant was questioned under Section 313 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'). He denied all incriminating circumstances against him.