JOMON Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is at the instance of the accused in S.C. No. 148 of 2010 before the court of Session, Kottayam who was convicted under Section 302 of IPC. The charge framed by the learned Sessions Judge against the accused reads as follows:-

(2.) The prosecution case in brief is that the deceased Mohanan @ Paninjon originally belonged to a Village in Alappuzha, but he migrated to and was engaged in manual labour at Palam Junction in Pizhaku Kara of Ramapuram Village for a long period. He used to sleep in the veranda of closed shop rooms and in bus waiting sheds. The allegation is that the appellant had enmity towards Mohanan and with an intention to commit murder, on 07.09.2009 at 10.30 pm., he physically assaulted the deceased by hitting and kicking on vital parts of body from a bus waiting shed on the side of a public road. Due to the multiple injuries sustained to the internal organs, the victim died after a short while. Ext. P2 is the First Information Statement. PW7 is the informer. As per Ext. P2 FIS, PW7 received a phone call on 07.09.2009 at about 10'o clock in the night from a person by name Dominic and he informed that Mohanan @ Paninjon was found lying unconscious in a bus waiting shed. PW7 along with Dominic, Shinto and Ratheesh went to the bus waiting shed. At that time, they found Mohanan in a critical condition. Immediately, PW7 telephoned to Ramapuram Police Station. After a short while, police party came to the place of occurrence and the victim was taken to a hospital at about 11.30 hours in the night. He was declared dead from the casualty of the hospital. PW7 had been informed by the witnesses that there was a wordy duel between the deceased and appellant. It is also seen that both the deceased and appellant used to stay either in the bus waiting shed or in the veranda of nearby shops closed during night. The deceased and appellant were in the habit of drinking.

(3.) Heard Sri. Renjith. B. Marar, learned counsel for the appellant and Sri. Alex M. Thombra, learned Senior Public Prosecutor for the respondent-State.