K.K. LENIN Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused, who was an A.P.P. by profession and who stands convicted and sentenced to undergo imprisonment for life under S.302 IPC for the murder of a budding lawyer and rigorous imprisonment for seven years under S.307 IPC is the appellant.

(2.) The prosecution case in brief is as follows: The accused and PW.1 by name Vidya Prakash are neighbours whose residences almost facing each other are separated by a common compound wall. They are situate on the western side of Karakkamuri Cross road in Kochi. P.W. 1 who is also the first informant in the case is employed in Australia and on the date of incident, viz. on 16-2-1995 he was with his parents in the above family house. Between the accused and the family of P.W.1 there was a boundary dispute and even after the settlement of the dispute the accused was harbouring deep seated enmity towards PW. 1 and his family members. At about 7.30 p.m. on the fateful day, viz. 16-2-1995 PW.1 and his close friend Advocate Krishnakumar went for shopping on a bike driven by the deceased Krishnakumar and after making some purchase went to Grand Hotel where they had dinner and from where they returned to the place of occurrence which is the front portion of the house of P.W.1 near the house of the accused at about 10.30 p.m. While the deceased and P.W.1 were having a parting conversation (the deceased still seated on the bike) the accused came there by his scooter, stopped the scooter and moved towards P.W.1 declaring that he had scores to settle with him, drew out a knife and inflicted a stab injury on the chest of PW.1 just below the nipple. Aghast by this dastardly act of the accused the deceased Krishnakumar exclaimed:" what is this! what is this!" Thereupon, the accused turned towards the deceased and inflicted two stabs on him. Immediately after the incident as aforesaid the deceased drew away from the place of incident in the very same bike and reaching near the junction Karikkamuri-Chittur road nearby, he fell on the road side near the gutter from where he was taken to the Medical Trust Hospital by P.W.8, an autorickshaw driver, where he succumbed to his injuries. In the meantime, P.W.1 immediately after the incident in order to save himself from further attack ran towards north and entered the house compound of one Moovie Basheer (the said Moovie Basheer died afterwards and hence not examined as a witness) there P.W.2 one Jayan who was seen outside awakened Moovie Basheer and Moovie Basheer came out and asked P.W.2 Jayan whether he can take P.W.1 to the hospital as P.W.1 wanted to reach the hospital at the earliest. P.W.2 hesitated and so he was sent to the house of P.W.1 from where P.W.2 called the mother and brother of P.W.1, viz. PWs 3 and 4 respectively, who came to the house of Basheer rushing and immediately P.W.4 the brother of P.W.1 got an autorickshaw stopped and rushed P.W.1 to the Medical Trust Hospital accompanied by P.W.3, the mother and P.W.5, another neighbour. P.W.1 was treated in the Medical Trust Hospital and discharged after 10 days. Immediately after the incident the accused proceeded to the General Hospital, Ernakulam where he got himself admitted and on the way he threw M.O.I knife into the Kerala History Association compound. In the General Hospital the accused gave Ext. P15, the first information statement on the basis of which a crime was registered as Crime No.57/95 of the Central Police Station, Ernakulam, under S.307 and 302 IPC which was investigated and found to be false and refer-charged against which the accused filed a protest complaint before the Judicial First Class Magistrate-II, Ernakulam, but that complaint was dismissed without even sending a notice. Against the dismissal order a criminal revision was filed before this court which was also dismissed. Ext. P1 is the first information statement furnished by PW. 1 based on which Ext. P1(a) first information report was registered. The investigation was conducted by P.W.25, the Circle Inspector of Police, Central Police Station, Ernakulam, who charge-sheeted the accused under S.302 and 307 IPC. The case was committed to the court of sessions, Ernakulam, as the case falls under the jurisdiction of that court. However, pending trial before the Addl. Sessions Judge, Ernakulam, the accused moved the Hon'ble Supreme Court for transfer and thereupon the Apex Court transferred the case to the Sessions Court, Alappuzha. Before the Sessions Court, the appellant/accused set up a plea of total denial. According to him, when he came to the place of incident from the club he was waylaid and attacked by the deceased and P.W.1 in front of the latter's house. The specific case is that the deceased Krishnakumar struck him with a sharp weapon and there followed a life and death struggle and the three persons were falling on the ground and somehow the accused escaped from the deadly grip of the assailants and ran away from the place of occurrence sustaining some injuries.

(3.) The prosecution evidence consists of PWs. 1 to 26, Exts.P to P32 and material objects, MOs. 1 to 9. There is no witness examined for the defence. However, Exts.D1 to D7 were marked. After the trial, the appellant/accused was convicted and sentenced to undergo imprisonment for life under S.302 IPC and rigorous imprisonment for 7 years under S.307 IPC and the sentence of imprisonment under S.307 IPC is ordered to run concurrently with the life imprisonment. The appeal is directed against the aforesaid conviction and sentence.