JUDGEMENT

M.R.ANITHA,J. - (1.)This appeal is filed against the conviction and sentence passed against the appellant/accused in Sessions Case No.475/2010 dated 18.2.2016 on the file of the Additional Sessions Judge, Manjeri.
(2.)Prosecution case is that on 30.04.2009 at about 3.15 p.m in front of a toddy shop, T.S.No.40, at Pathirikottu accused intentionally caused the death of deceased Narayanan by slashing with MO1- log.
(3.)Immediately after the incident, PW1 who was the Cook in the toddy shop, on hearing the alarm went to the spot in front of the toddy shop, followed by PW2 who was also an employee in the toddy shop and saw the deceased lying on the ground and accused standing near him holding MO1. Deceased was taken to Mariyam Medical Centre, Melattur.
There he was declared dead by the Doctor. PW1 lodged Ext.P1 FIS to PW20, the Sub Inspector of Police, Melattur Police Station and based on the same, the Sub Inspector registered Ext.P13 FIR.

Thereafter, PW21 the Circle Inspector of Police, Pandikkad took charge of the investigation of the case, prepared the scene mahazar, arrested the accused, conducted the major investigation and questioned the witnesses. Thereafter PW22 continued the investigation and filed the final report. PW9 and PW11 are the witnesses in Ext.P4 scene mahazar. PW14 is the witness in the seizure mahazar-Ext.P7 which was prepared while seizing the blood sample of the deceased by the Doctor who conducted postmortem on the body of the deceased. PW15 was the Head Constable attached to Melattur Police Station who had signed in Ext.P8 the seizure mahazar prepared while seizing MO2 the shirt and MO3 dhothi of the accused which was alleged to have been worn by him at the time of the incident. PW17 is the photographer who took the photographs of the deceased at the time of inquest and the photographs were marked as Ext.P10 series and negatives were marked as Ext.P11 series. PW18 was the Police Constable who had been working at Karivarakkundu Police Station who was present at the time when Ext.P10 and P11 series were produced and seized by describing in the mahazar.



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