KUSHALAKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal has been preferred by the appellant challenging the verdict of the 6th Additional Sessions Judge, Thiruvananthapuram in S.C.No. 905/2009 by which the appellant was found guilty for offence under Section 302 of the Indian Penal Code, 1860 (for brevity 'IPC') and was sentenced to undergo imprisonment for life and to pay a fine of Rs. 20,000/- for the aforesaid offence.

(2.) Prosecution case is that the appellant nursed enmity towards the deceased who was cohabiting with his mother for almost 32 years, because of his belief that, on 19/05/2008, while the appellant and the deceased were in their home, the deceased had set him ablaze and caused burn injuries on him. He also thought that the deceased who was a drunkard is a hindrance to the peaceful life of himself and PW2, his mother. To settle scores, on 19/11/2008, at 03.30 A.M., the appellant who was well aware as to where the deceased who was a newspaper boy usually sleep, i.e., in the corridor of Firoz Autos in the ground floor of the two storied shopping complex by name Chandra Towers on the side of Medical College Kumarapuram road in Pattom Village, hit the deceased with a granite stone on the area of his right ear of the head and caused his death by 07.30 A.M. on the same day.

(3.) Prosecution examined PW1 to PW20 as witnesses, marked Exts.P1 to P21 documents and identified MO1 to MO12 material objects. Ext.D1 was marked on the side of the defence. During 313 examination, the appellant denied all incriminating circumstance levelled against him and pleaded innocence.