RAJU Vs. STATE OF KERALA REPRESENTED BY DGP

JUDGEMENT

(1.) This appeal has been preferred by the appellant challenging the judgment of conviction and order of sentence passed by the Additional Sessions Judge, Pala of Kottayam Sessions Division in S.C.No.123/2013 by which the appellant herein is found guilty 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.50,000/- (Rupees Fifty Thousand only) with a default stipulation of simple imprisonment of three months.

(2.) Brief facts of the case as alleged by the prosecution are as under:-

(3.) Prosecution examined PWs 1 to 26 as witnesses, marked Exts.P1 to P27 documents and identified MOs 1 to 15. During 313 examination, the appellant/accused denied all incriminating circumstances against him. Though initially he told that he had nothing more to say, later he filed a written statement in which he stated that MO1 chopper belonged to PW6 Joseph. MO1 was never brought to his house and the deceased never used the same in the house. The deceased was living in the rented building of PW6 till her death. According to him, he came to know about the death of Cicily at 10.00 p.m. on 21/12/2012. He was going to his house to enquire about it. He was arrested by the police at 10.30 p.m. on that day from near the toddy shop at Valakkattukunnu. The police did not question him. He did not make any confession before the police. MO1 was not recovered as per the information given by him. Deceased Cicily had filed a complaint against him at the instance of PW6 Joseph @ Unni. In that case, Cicily deposed against the prosecution. Joseph @ Unni had enmity towards him because he had asked Cicily to withdraw the criminal complaint filed against him. Due to the said enmity, PW6 has falsely implicated him in the present case. He pleaded innocence. No defence evidence was adduced from their side.