WILSON @ VINCENT Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in this case has been tried for the offence punishable under Section 302 and 506(ii) of Indian Penal Code. He was found guilty of the offence punishable under Section 302 of I.P.C. on both counts. He was convicted and sentenced to undergo imprisonment for life for the offence punishable under Section 302 of I.P.C., but was acquitted for the offence punishable under Section 506(ii) of the IPC. Set off as per law was allowed.

(2.) The prosecution story runs thus: The incident in this case occurred on 9.7.2007 at about 7.30 p.m. Binoy is the victim. According to the prosecution case, the accused is the brother -in -law of the deceased Binoy and the family members of Binoy were not on good terms with the accused. The accused was on enmical terms with the deceased Binoy because there existed a case and counter case between them for causing hurt. On the date of occurrence, a quarrel had taken place between the deceased Binoy and the accused. The accused had threatened the deceased with a knife. Therefore, the deceased had gone over to the shop run by PW1 - Manoj, his brother, and told him about the misbehaviour of the accused. PW1 claims to have pacified him and sent him back. At about 8.30 p.m on the same day, the accused who had earlier threatened to do away with the deceased, in fact had stabbed Binoy. When PW1 reached home, he was informed that Binoy had been admitted to the hospital after having sustained stab injury. PW1 claims to have gone to the Government Hospital, Pala. When he reached the place, he was informed that the injured had been removed to the Medical college Hospital, Kottayam. While undergoing treatment in the Medical College Hospital, at about 2.20 am on 10.7.2007 Binoy succumbed to his injuries. PW1 therefore, went to the police station at Pala and gave FI statement. That was recorded by PW9 who registered crime as per Ext.P1(a) FIR.

(3.) Investigation was taken over by PW14 -Suresh Kumar. He went to the Medical College Hospital and conducted inquest over the body of the deceased. PW10 is an attestor to Ext.P6 inquest report. PW8 -Dr.Thankamma George, then conducted autopsy over the body of the deceased and furnished Ext.P4 certificate. In the meanwhile, PW14 had proceeded to the place of occurrence and prepared Ext.P7 scene mahazar. He then conducted search of the house of the accused and prepared Ext.P11 search list. Finding that the offence under Section 506(ii) of the IPC is also attracted, he filed a report before the Court to incorporate Section 506 (ii) also. On 18.7.2007, at about 3.00 p.m, the accused was arrested. Based on Ext.P13 confession statement MO1 weapon was recovered as per Ext.P9 mahazar. Since the accused disclosed that he was wearing the shirt which he had worn at the time of incident, that was taken into custody as per Ext.P10 mahazar. Later, at the instance of the accused, MO3 -lunki was also recovered as per Ext.P14 mahazar. PW14 thereafter forwarded the articles seized by the Investigating Officer for Forensic examination. He prepared Ext.P15 report. He questioned witnesses, completed investigation and laid charge before Court.