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1996 Supreme(Ker) 368

Judges : B.M.TULSIDAS,S.KRISHNAN UNNI
Johnson - Appellant
Versus
State Of Kerala - Respondent
Case No : Criminal Appeal No. 554 of 1994
Decided On : 10/25/1996
Advocates Appeared :
For the Appellant: K.V. Sabu, Advocate. For the Respondent: Smt. Krishnakumari, Public Prosecutor.

The judgment establishes the legal principle that the assessment of medical evidence, witness testimonies, and the accused's conduct is crucial in determining guilt in cases of homicide.

Headnote:

matricide - S. 302, I.P.C. - [S. 302, I.P.C.] - The court confirmed the conviction and sentence of the accused for matricide under S. 302, I.P.C. The judgment discusses the medical evidence, witness testimonies, and the accused's conduct, ultimately endorsing the findings and conclusions of the lower court.

Fact of the Case:

The accused was convicted and sentenced to imprisonment for life for matricide under S. 302, I.P.C. The incident involved the accused assaulting and causing the death of his mother in a compound.

Finding of the Court:

The court endorsed the findings and conclusions of the lower court, confirming the conviction and sentence of the accused for matricide.

Issues: The key issues involved the assessment of medical evidence, witness testimonies, and the accused's conduct to determine the guilt of the accused for matricide.

Ratio Decidendi: The court relied on the medical evidence, witness testimonies, and the accused's conduct to establish the guilt of the accused for matricide under S. 302, I.P.C.

Final Decision: The appeal was dismissed, and the conviction and sentence of the accused for matricide under S. 302, I.P.C. were confirmed.

Judgment :-

THULASIDAS, J.

This is a case of matricide and the accused stands convicted and sentenced to imprisonment for life under S. 302, I.P.C. The incident allegedly happened on 16-4-1992 at about 5.00 p.m. in the compound of one Pankajakshi, from where he was stated to have dealt blows upon the deceased with MO-1. She succumbed to the injuries on the way to the Government Hospital, Njarakkal. PW-1 her husband's brother, gave Ext. P 1 F.I. Statement to PW-15, Head Constable, Njarakkal Police Station at about 6.30 p.m. upon which he registered Crime No. 132 of 1992. The case was investigated by PW-17, who laid the final report.

2. 17 witnesses were examined, Exts. P 1 to P 12 and MOs. 1 to 7 were marked for the prosecution. When questioned under S. 313, Cr.P.C. accused denied the incriminating evidence and circumstances and said that there was a quarrel between his elder sister Philomina and the deceased at about 2.00 p.m., pertaining to sale of the house, that in the midst of the quarrel he went out and returned at about 4.00 p.m., to find his mother lying injured in the compound of Pankajakshi. Immediately he took her to the hospital in an autorikshaw, but she was dead by the time the doctor examined her. Later, he was summoned to the Police Station. He maintained his innocence and did not examine any witness in defence.

3. Heard.

4. PW-16, who did the post-mortem, found the presence of blood on the left ear and nose with a lacerated injury on the back of head at the occipito-parietal region measuring 8.5 x 2 x 2 cm. Skull bones on the left occipito parietal region were fractured and depressed into the deep of brain matter, which was however intact but pale. He opined that the injuries could have been caused by beating with MO-1 and that death was due to haemorrhage as a result of head injury, sufficient in the ordinary course of nature to cause death. No doubt, he said in cross-examination that the fleshy part of MO-1 would not have caused the head injury, that indeed was not the prosecution case, which was that the injury was caused with MO-1, which is sufficiently strong and formidable in size. We do not think the medical evidence in any way detracted from the prosecution version as to the cause of death, which was indeed homicidal.

5. In Ext. P 1 the incident had been narrated by PW-1, who was alleged to have witnessed it. He had said about the quarrel in the house between mother and son in the course of which allegedly the accused gave vent to his anger by up-turning the vessels and destroying food the deceased had prepared. There was a big commotion, that he heard and went to the house. He asked the accused what he was doing and advised the deceased and PW-2 to go to some other house and he went back to his. But after some time he heard PW-2 cry aloud that her mother was being killed. He therefore rushed there again and found the deceased in the compound of Pankajakshi with the accused standing by her side, beating her with a splinter of a coconut tree. He went near and pulled him away. The deceased had fallen and was bleeding profusely. He arranged for an autorikshaw and she was taken to the hospital. Indeed, what was said in Ext. P 1, which was the first version of the incident, was disowned by him at the trial. He said that he had not seen what was alleged in Ext. P 1, whose authorship no doubt he did not disclaim. Obviously, he testified as he did to help the accused, for reasons that are obvious.

6. PW-2, sister of the accused, according to the prosecution had witnessed the incident. She was present with the deceased when he assaulted her. It was her cries that brought PW-1 to the scene. When she was examined on 9th May, 1994 she deposed as per the prosecution version. She said that there was a quarrel between him and the deceased in the morning, following her refusal to give him Rs. 100/- he demanded. He then went out and returned by about 3.00 p.m., fully drunk and again made the demand for money. But then h



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