KUTTIAMIYIL PRAKASHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellant is the accused in S.C. 34 of 1986 of the Sessions Court, Kozhikode. He was charged under Section 302 of. the Indian Penal Code for having caused the death of Babu on 20-4-85 at about 1.30 a.m. Learned Sessions Judge found him guilty under Section 302 and convicted and sentenced him to undergo imprisonment for life.

(2.) The prosecution case in brief is as follows. Accused had borrowed a gold necklace and some money from his friend Babu (deceased). Babu was demanding the return of the ornament and money. Finding it difficult to return the same, the accused conceived a plan to end the perpetual nuisance from Babu. On 19-4-1985 accused told Babu that the ornament was pledged to a person residing near Badagara Railway Station and that he would redeem and return it to Babu. In the night accused led Babu to the premises of Badagara Railway Station and informed him that the person with whom he had pledged the gold ornament was not readily available as he had gone for a second show cinema Accused and Babu waited near the goods-shed attached to the Railway Station. Babu began to doze and accused used that opportunity by cutting him with a chopper. Accused threw the dead body into the nearby bushes.

(3.) P.W.1, uncle of the deceased happened to know about the death of Babu at about 9.30 a.m. on the next day. He lodged Ext. P.1 First Information Statement. P.W. 17 registered the First Information Report. Accused was arrested and M.O 2 chopper and his blood stained cloth were recovered. The gold necklace (M.O 1) was recovered from P.W. 11 to whom the accused sold it.