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1987 Supreme(Ker) 377

Judges : VARGHESE KALLIATH,PAREED PILLAY
OUSEPH ALIAS JOHNY - Appellant
Versus
STATE OF KERALA - Respondent
Case No : Crl.A. No. 300 of 1983
Decided On : 08/12/1987
Advocates Appeared :
V.N. Achutha Kurup; M.S. Radhakrishnan Nair; For Appellant Public Prosecutor; For Respondent

The finger print evidence was considered a valuable piece of evidence in the criminal investigation, and its importance was emphasized based on the scientific principles of finger prints.

Headnote:

Criminal Appeal - Murder - S.302, S.449 IPC - Circumstantial evidence, motive, recovery of weapon and finger print evidence - The court relied on circumstantial evidence, motive, recovery of weapon, and finger print evidence to establish the guilt of the accused under S.449 and S.302 of the IPC. The finger print evidence was considered a valuable piece of evidence in the criminal investigation, and its importance was emphasized based on the scientific principles of finger prints.

Fact of the Case:

The appellant was charged under S.302 and S.449 of the IPC for trespassing into the house of the deceased and committing her murder. The prosecution relied on circumstantial evidence, motive, recovery of weapon, and finger print evidence to establish the guilt of the accused.

Finding of the Court:

The court found the accused guilty under S.302 and S.449 of the IPC based on the circumstantial evidence, motive, recovery of weapon, and finger print evidence. The court dismissed the Criminal Appeal, upholding the conviction and sentence of the accused.

Issues: The key issues revolved around the sufficiency of circumstantial evidence, the strength of the motive, the relevance of recovery of the weapon, and the significance of finger print evidence in establishing the guilt of the accused.

Ratio Decidendi: The court relied on the scientific principles of finger prints to emphasize the importance of finger print evidence in the criminal investigation. The finger print evidence was considered a valuable piece of evidence, along with other circumstantial evidence, motive, and recovery of weapon, in establishing the guilt of the accused.

Final Decision: The Criminal Appeal was dismissed, upholding the conviction and sentence of the accused under S.449 and S.302 of the IPC.

Judgment :-

1. Appellant is the accused in SC 14 of 1984 of the Sessions Court, Kottayam. He was charged under S.302 and S.449 of the IPC for having trespassed into the house of the deceased and committed her murder. The Sessions Judge found the accused guilty under S.302 of the IPC and he was convicted and sentenced to undergo imprisonment for life. He was also found guilty under S.449 of the IPC and convicted and sentenced to undergo Rigorous Imprisonment for 8 years, the sentences to run concurrently.

2. The prosecution case is that on 14-10-1983 at about 2.15 p.m. the accused committed house trespass in the house of deceased Ponnamma alias Aliamma and murdered her. Prosecution examined P.Ws.1 to 19 and marked Exts. P-1 to P. 19. M.Os.1 to 16 were identified. On the defence side D.W.1 was examined and Exts. X-1 and X-1(a) were marked. When questioned under S.313 Crl. PC accused denied his complicity with the crime and took the stand that he has been falsely implicated.

3. The prosecution case is built upon circumstantial evidence. Apart from the motive for the crime, prosecution banks upon the evidence that the accused was seen in the vicinity of the place of occurrence, S.27 recovery of the knife and his blood stained shirt and the evidence with regard to the finger prints.

4. P. W. 2, husband of the deceased testified with regard to the motive for the accused to perpetrate the crime. P.W. 2 was not in the house when the horrific crime was committed against his wife. On 14-10-1983 P.W. 2 went to Ponkunnam to attend to his business. His wife and children were in the house. At about 2 30 p.m. P.W. 2 got information that his wife was admitted in the K.V.M.S. Hospital. He rushed to the hospital and found his wife lying dead. P.W. 2 identified the wearing apparels and the gold ornaments belonging to his wife. P.W. 2 deposed that two months prior to the incident he saw the accused attempting to commit theft of coconuts from a coconut tree in his compound, that seeing him accused tried to run away, that he chased the accused and caught him and gave two blows, that the accused ran for some distance and swore vengeance upon him, that on another occasion P.W. 2 scolded the accused while he was cutting grass, that he got the grass gathered by the accused and retained it and on that occasion also accused threatened retaliation.

5. It was P.W.1 who lodged the first information statement before the police. P.W.1 resides approximately 600 feet south of the place of occurrence. On 14-10-1983 at about 2.15 p.m. P.W.1 while reading a weekly was informed by his elder brother's son Aype that be beard the balking of dog and cry from the house of P.W. 2. P.W.1 immediately proceeded to the house of P W. 2. He saw P.W. 4 Johnson on the way. P.W.1 asked Johnson from where the cry was heard. Johnson pointed to the house of P.W. 2 and said that the cry was heard from there. Immediately P.W.1 and P.W. 4 Johnson went there and found P.W. 2's wife lying dead with bleeding injuries. There was no response when P. W.1 called her as she was not in a position to speak. P.W.1 sprinkled some water on her face and cried aloud and called his brother and wife. In a car Ponnamma was taken to K.V. M.S. Hospital. P.W.1, P.W. 4 and others accompanied the injured in the car. Doctor examined Ponnamma and pronounced her dead. Immediately P. W.1 went to the police station and lodged Ext. P-1 first information statement.

6. P.W. 3 is the daughter of P.W. 2 and the deceased. She deposed that her father P.W. 2 did not go to their house to take his noon-meals, that bet younger sisters and brother were not in the house as they had gone to the school, that she along with some of her relatives went for a cinema, that her mother (deceased) did not accompany her as she awaited P.W. 2 for his noon-meals, and that while she and others were proceeding to the cinema theatre she saw the accused on the way. P.W. 3 saw P.W. 4 alighting from a bus. She stated that P.W. 4 enquired to her wher






















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