CHELLAN Vs. STATE REP

JUDGEMENT

(1.) The sole appellant, who in the judgment will be referred to as "the accused", challenges his conviction and sentence. He was tried before the learned Sessions Judge, Nagercoil, on a charge of murder and the allegation against him in the charge is that, at 5.00 p.m. on 21.2.1991, he caused the death of Sreekumar aged about 14 years. The learned trial Judge, on the recorded evidence, both oral and documentary, found him guilty and sentenced him to imprisonment for life and aggrieved by the said conviction and sentence, the present appeal is filed.

(2.) The facts necessary to dispose of the appeal, clipping out unnecessary details, can be briefly summarised as follows:-

(3.) Sreekumar was produced before P.W.6, the Casualty Medical Officer, Government Hospital, Colachal, at 6.45 p.m. with a memo and on examining him, the doctor found the following injuries:- 1.A clean incised gaped wound of about 7x3x1 cm obliquely placed with severe bleeding over forehead right side including right cheek. 2.A clean incised wound of about 7x1x1 cm vertically placed with severe bleeding over scalp back. 3.A clean incised wound of about 7x1x1 cm vertically placed over scalp left side. 4.A clean incised wound of about 7x1x1 cm vertically placed over scalp left side. Ex.P.6 is the copy of the accident register. As the condition of Sreekumar was serious, he was referred to Government Hospital, Kottar and accordingly, Sreekumar was taken to Kottar and produced before Dr.Manoharan, Casualty Medical Officer, at 7.20 p.m. Ex.P.7 is the case sheet for the deceased and Ex.P.8 is the copy of the accident register issued by the hospital authorities. P.W.7, the doctor at Government Hospital, Kottar, examined the injured, Sreekumar at 8.00 p.m. and gave him treatment; but in spite of the treatment, Sreekumar, unfortunately, died at about 5.30 p.m. on 22.2.1991. The death intimation, Ex.P.9, was sent to the police authorities.