LAWS(KER)-2019-4-77

RAJU @ KARU @ RARU S/O KUNJAN Vs. STATE OF KERALA REPRESENTED BY CIRCLE INSPECTOR.OF POLICE, KALLOORKAD POLICE STATION

Decided On April 04, 2019
Raju @ Karu @ Raru S/O Kunjan Appellant
V/S
State Of Kerala Represented By Circle Inspector.Of Police, Kalloorkad Police Station Respondents

JUDGEMENT

(1.) This appeal is preferred by the appellant with a view to challenge the verdict of the 8th Additional Sessions Judge, Ernakulam in S.C. No. 355 of 2012 dated 17/05/2014 with C.P. No. 12 of 2012 arising out of Crime No. 445 of 2011 of Pothanicad Police Station by which he was found guilty for offence under Section 302 of the Indian Penal Code, 1860 (for brevity 'IPC') and was sentenced to suffer imprisonment for life and to pay a fine of Rs. 50,000/- (Rupees Fifty Thousand only) with a default stipulation of rigorous imprisonment for a further period of three years. The fine amount, if realized, was directed to be paid to the parents of the deceased in equal ratio under victim compensation scheme under Section 357 (1) of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.').

(2.) The prosecution case against the appellant is as follows:

(3.) Prosecution examined PW1 to PW14 as their witnesses, proved Exts.P1 to P18 documents and identified MO1 to MO8 as material objects. Ext.D1 is marked through PW3. During 313 examination, the appellant denied all incriminating circumstances appearing against him and he stated that he is innocent and that he is falsely implicated by the police. No evidence is adduced by the defence.