VIJAYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Appeal against the judgment of conviction and order of sentence passed under Sections 302 and 294(b) IPC against the accused in S.C. No. 16 of 2010 of the Additional District and Sessions Judge, Muvattupuzha.

(2.) The alleged incident took place in the evening of 26.3.2009 resulting in the death of one Bivin, the brother of PW1. The prosecution case is that the accused herein uttered obscene words against the participants and leaders of a booth convention held on the ill-fated day at the property of one Subramaniyan near Bethani junction, Vengolakkara. The accused started abusing the participants and the leaders of the booth convention of Left Democratic Front (LDF) by 5 p.m. onwards. The booth level convention was closed by 7.45 p.m. , but the accused continued his verbal attack on the participants and leaders of the LDF booth convention. It was questioned by the victim and others. Thereon the accused stabbed on the chest of the victim with a knife and the victim fell down after receiving the injury. Though he was removed to the nearby hospital, he succumbed to the injuries.

(3.) The oral testimony of the four eye witnesses who were examined as PW1 to PW4 and the recovery of the weapon used for inflicting the injury, identified as MO1, stained by human blood, under Section 27 of the Evidence Act were relied on by the learned Sessions Judge to enter into the finding of guilt of the accused both under Sections 302 and 294(b) IPC. The main challenge raised by the appellant is that all the occurrence witnesses were not examined though they were material witnesses, the alleged recovery of MO1 weapon is vitiated as the place of disclosure made by the accused is different from the place from where MO1 material object was detected and that no motive was established. It was also contended by the appellant that no explanation was forwarded by the prosecution regarding the injuries alleged to have been sustained by the accused and his wife and that the conviction of the accused for the offence under Section 302 IPC as well as Section 294(b) IPC are not sustainable in view of the nature of offence alleged and the manner in which it has happened.