SATHEESH, S/O BALAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal has been preferred by the appellant challenging the verdict of the 1st Additional Sessions Court, Kalpetta in S.C. No. 173 of 2013 by which he was found guilty for offence under Section 302 of the Indian Penal Code, 1860 (for short 'IPC') and sentenced to undergo imprisonment for life and to pay a fine of Rs. 25,000/- (Rupees Twenty Five Thousand only) with a default stipulation of rigorous imprisonment for one year for the abovesaid offence.

(2.) The prosecution case, in short, is as follows: The deceased Karimbi is the grandmother of the appellant/accused. Karimbi's daughters are married and they are residing in their respective matrimonial homes. Appellant/accused and the deceased Karimbi were residing in the house of Karimbi at the time of incident. Karimbi used to rebuke the appellant/accused as he was in the habit of drinking and causing issues at home, which caused an enmity towards her. On 24/04/2013, at 10.00 p.m., the appellant/accused came in a drunken state and on account of his enmity to the deceased already mentioned above, hit her with a stick on her head and dragged her along the courtyard. Due to the said act of the appellant/accused, the deceased sustained serious injuries and she succumbed to the same.

(3.) Prosecution examined PW1 to PW10 as witnesses, proved Exts.P1 to P14 documents and produced material objects MO1 to MO7. During 313 examination, the appellant/accused denied all incriminating circumstances and pleaded innocence. On the part of the defence, no evidence were adduced.