STEPHAN Vs. STATE REPRESENTED BY INSPECTOR OF POLICE

JUDGEMENT

(1.) The appellant is the sole accused in S.C. No. 55 of 1995 on the file of the learned Principal Sessions Judge, Kanyakumari Division. He stood charged for the offence under Section 302 IPC. By judgment dated 14.12.2001, the trial Court convicted him under Section 302 IPC and sentenced him to undergo rigorous imprisonment for life and to pay a fine of Rs. 1,000/-, in default, to undergo six months simple imprisonment. Challenging the said conviction and sentence, the appellant is before this Court with this appeal. The case of the prosecution is as follows:

(2.) Based on the above materials, the lower Court framed charge under Section 302 IPC. The accused pleaded innocence and therefore, he was put on trial. On the side of the prosecution, as many as 13 witnesses were examined and 23 documents were exhibited besides 2 Material Objects.

(3.) Out of the said witnesses, P.Ws. 1 to 3 are the eye-witnesses who have vividly spoken about the participation of the accused and their overt-acts. P.W. 12 has spoken to about the recording of the statement Exhibit P-1 by the Head Constable from the deceased. Since the Head Constable is no more, he could not be examined. P.W. 12 recorded the statement of the deceased under Section 161 Cr.P.C., which has been marked as Exhibit P-13 as Dying Declaration. P.Ws.6 to 9 have spoken to about the treatment given to the deceased. P.W. 10 has said about the autopsy conducted by him and gave his final opinion regarding the cause of death. Others are official witnesses.