SURESH Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal has been preferred by the appellant Suresh who is the sole accused in S.C. No.5 of 2012 of 1st Additional Sessions Judge, Ernakulam which arises out of Crime No.60 of 2009 of Binanipuram Police Station. The allegation is that he committed patricide. After trial, Court below came to a conclusion that the appellant herein is guilty for offence under Section 302 of the Indian Penal Code, 1860 (for short 'IPC') and sentenced him to suffer imprisonment for life and to pay a fine of Rs. 10,000/- (Rupees Ten Thousand only) with a default stipulation of rigorous imprisonment for three months.

(2.) Case of the prosecution is as follows:

(3.) To prove the allegations against the appellant, prosecution examined PW1 to PW14 as witnesses, marked Exts.P1 to P13 and identified MO1 to MO5 objects. After the closure of the prosecution evidence, the appellant was questioned under Section 313 (1) (b) of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'). He denied all incriminating circumstances appearing in evidence against him. He stated that himself and his father together consumed liquor on the previous day of the incident and by midnight, they went to sleep. On the next day, before going to the temple, his mother woke him up. Again himself and his father started consuming alcohol. At that time, Varghese came there to compromise a dispute between Varghese and his father. His father gave some liquor to him and asked him to go. Varghese told that both of them came from southern part of the State and there is no necessity to pick up quarrel among them. Thereafter, they sat there together. Since the appellant was tired of sleeplessness and he was over-drunk, he fell on the sofa. In the afternoon, he heard some sound. He neglected it thinking it as a cat which used to come there. Again he heard some sound and he found his father lying in a pool of blood. He could not lift him. So, he went to the house of George. Since he was not aware what had happened, he told George that his father vomitted blood. George and his wife came to his house. They lifted the deceased to the cot. George asked the appellant to call an autorickshaw. By that time, local people gathered there. Nobody came inside the house. The appellant asked them to inform the police so that his father would be taken to hospital. Police came and took his father to hospital. No evidence is adduced by the appellant.