RAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is preferred by the appellant who is the sole accused challenging the verdict of the Additional Sessions Judge, Irinjalakuda in in S.C. No.511/2012 dated 27/12/2013 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 of 1 year. It is also directed that if fine amount is realized, Rs.20,000/- (Rupees Twenty Thousand only) shall be paid to PW1 as compensation.

(2.) The case of the prosecution is as under:- Appellant Rajan, deceased Ramesh and their families were workers in the tea plantation of Tata Tea Estate at Malakkappara. On 14/04/2011 at about 04.40 P.M., while the deceased was passing through the way behind Mariyamman Temple situated about 55 metres to the eastern side of Keezhparat junction in the estate, the appellant out of his previous enmity, rushed there and with a stone, hit on the head of Ramesh causing serious injuries, and after 6 days, he succumbed to the injuries at the Medical College Hospital, Coimbatore on 20/04/2011.

(3.) Prosecution examined PW1 to PW17 from their side as witnesses, marked documents Exts.P1 to P19 and identified MO1. During 313 examination, the appellant denied all incriminating circumstances levelled against him by the prosecution and pleaded innocence. Ext.D1 is marked from the side of the defence.