IMPORTANT POINT
Circumstantial evidence must form a complete and unbroken chain leading to the accused's guilt, excluding all reasonable hypotheses of innocence.

JUDGMENT :

Jobin Sebastian, J.

The judgment of conviction and order of sentence passed against the sole accused in S.C. No.701/2018 on the file of the Additional Sessions Court-II, Pathanamthitta, for offences punishable under Sections 449 and 302 of the Indian Penal Code are under challenge in this appeal.

2. The prosecution case in brief is as follows:-

The deceased, named Sankaran, who had a history of animosity with the accused hurled abuses at him from 3.30 p.m. to 5.30 p.m., by standing in the courtyard of one Sreekumari, a relative of the deceased. Due to the said animosity, the accused with an intention to kill Sankaran on 17.03.2018 at 1.30 a.m., trespassed into the work area of the house of Sreekumari bearing registration No. XVIII/2023 of Koduman Panchayat where Sankaran was sleeping in an inebriated state. Thereafter, the accused held both the legs of Sankaran together and inflicted severe cut injuries on the back of both the legs, measuring 15cm and 14cm, above the foot respectively on the right and left legs. As a result of profuse bleeding from those injuries, Sankaran died between 1.30 a.m. and 7.00 a.m., on 17.03.2018. Hence the accused is alleged to have committed the aforementioned offences.

3. On completion of the investigation, the final report was submitted before the Judicial First Class Magistrate’s Court, Adoor. As the case was one triable exclusively by the Court of Session, the learned Magistrate after complying with all the necessary formalities committed the case to the Sessions Court, Pathanamthitta.

4. After taking cognizance, the learned Sessions Judge made over the case for trial and disposal to the Additional Sessions Court -II, Pathanamthitta. After hearing both sides under Section 227 of the Cr.P.C. and perusal of records, the learned Additional Sessions Judge, framed a written charge against the accused for offences punishable under Sections 449 and 302 of the IPC. When the charge was read over and explained to the accused, he pleaded not guilty and claimed to be tried. The prosecution thereupon, examined the witnesses on their side as PW1 to PW20 and proved through them Ext.P1 to P29 documents. MO1 to MO9 are the material objects identified by the prosecution witnesses and marked in evidence. After completion of prosecution evidence, when the accused was questioned under Section 313 of the Cr.P.C., he denied all the incriminating materials brought out against him in evidence. Since it was not a fit case to acquit the accused under Section 232 of the Cr.P.C., the accused was directed to enter on his defence. But no evidence was adduced from his side.

5. After trial, the accused was found guilty of offences punishable under Sections 449 and 302 of the IPC and convicted. The accused was sentenced to undergo imprisonment for life and to pay a fine of Rs.1,00,000/- (Rupees one lakh only) with a default clause to undergo rigorous imprisonment for a period of one year under Section 302 of the IPC. For offence punishable under Section 449 of the IPC the accused was sentenced to undergo rigorous imprisonment for 7 years and to pay a fine of Rs.50,000/- (Rupees fifty thousand only) with a default clause to undergo rigorous imprisonment for a period of six months.

6. This case relies heavily on circumstantial evidence to prove the prosecution’s case. As noted, the incident occurred between 1.30 a.m. and 7.00 a.m. on 17.03.2018, inside the work area of the house of one Sreekumari. The present case was registered based on the FIS given by Sreekumari to the Sub Inspector of Police, Kodumon Police Station. When Sreekumari, the first informant, was examined as PW1, she deposed as follows:-

During the period of occurrence in this case, she was residing in a house named ‘Tharayill House’, situated on the eastern side of Ezhamkulam Kaipattoor Road, and was running a shop near her house. The accused is the husband of her deceased sister and the d