BABU Vs. STATE OF KERALA

JUDGEMENT

(1.) The aforesaid appeal has been filed against the judgment and order dated 7.9.2015 in S.C.No.1334/2008 on the file of the court of Additional District and Sessions Judge-VI, Kollam, convicting the appellant/accused under Sections 352,325 and 302 of the Indian Penal Code, 1860 (hereinafter referred to as the 'IPC') and sentenced the appellant (hereinafter referred to as 'the accused') with life imprisonment and to pay a fine of Rs.1,00,000/-,in default rigorous imprisonment for five years under Section 302 of IPC, rigorous imprisonment for three months for the offence under Section 352 of IPC and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs.25,000/- and in default of payment of fine to two years for the offence under Section 325 of IPC and all sentences should run concurrently.

(2.) Facts and circumstances giving rise to this appeal are as under:-

(3.) Pw21 recorded Ext.P1 First Information Statement of PW1 and registered Ext.P20 First Information Report for the offence punishable under Section 324 read with Section 34 IPC. The accused died on 15.4.2004 while he was undergoing treatment in the Medical College Hospital, Thiruvananthapuram. As the Circle Inspector of Police was on Sabarimala duty, PW21 conducted initial investigation in this case. PW21 proceeded to the Medical College Hospital, Thiruvananthapuram and conducted inquest on the deadbody of the deceased from the mortuary of the hospital and prepared Ext.P11 inquest report. PW21 filed additional report to the court incorporating Section 302 IPC against the accused. On the same day, he inspected the scene of occurrence and prepared Ext.P22 mahazar. PW22 seized blood stained clothes from the scene of occurrence and forwarded to the court. Further investigation in this case was taken over by PW22 with effect from 16.12.2004. PW22 seized the clothes worn by the deceased by Ext.P26 and forwarded to the court. On 5.1.2015 at 10.30 am, the accused was arrested from Panaveli Junction by Ext.P29 arrest memo. On being questioned, the accused confessed that the clothes were kept inside his house and he would show the same if he was taken there. Based on the above information as led by the accused, PW22 proceeded to the house of the accused and recovered MO3 lungi and MO4 shirt. Later, the accused was produced before the jurisdictional Magistrate. Learned Magistrate remanded the accused to judicial custody. On completion of investigation, final report against the accused was filed under Sections 352,325 and 302 of IPC. Ext.P1 First Information Statement was given by PW1, who is none other than the wife of the deceased Salim.