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RAJA VIJAYARAGHAVAN V, P. V. BALAKRISHNAN
Devadas S/o. Bhaskaran – Appellant
Versus
State of Kerala – Respondent
JUDGMENT :
P.V.BALAKRISHNAN, J.
This appeal is filed by the sole accused in SC No.525/2016 on the files of the Additional Sessions Court-V, Palakkad challenging his conviction and sentence imposed under Section 302 IPC by that court.
2. The prosecution case is that, on 27/12/2015 at about 5.30 pm, in the courtyard of the house bearing No. VIII/522 of Kinassery Village, Palakkad, the accused committed murder of Jayakumaran by inflicting blows upon him using wooden sticks, bricks, cement block and granite stone. Hence, the prosecution alleged that the accused has committed an offence punishable under Section 302 IPC.
3. In the trial court, from the side of the prosecution PW1 to PW18 were examined and Exts.P1 to P28 & MO1 to MO11 series were marked. Ext.D1 contradiction was also marked by the accused through the prosecution witnesses. When the accused was examined u/s 313 Cr.P.C., he denied all the incriminating circumstances appearing against him in evidence and contended that he was innocent. Even though the accused was called upon to enter his defence, no evidence was adduced. The trial court, on an appreciation of the evidence on record, found the
The court upheld the conviction for murder under Section 302 IPC, affirming the credibility of eyewitness testimony and scientific evidence linking the accused to the crime.
The main legal point established in the judgment is the distinction between murder under Section 302 IPC and culpable homicide not amounting to murder under Section 304 Part II IPC, based on the sudd....
Circumstantial evidence must be established beyond reasonable doubt; absence of eyewitnesses and contradictions in testimonies led to a modification of conviction from murder to culpable homicide not....
A conviction under Section 302 IPC requires reliable evidence beyond hearsay; mere allegations without corroboration are insufficient for a guilty verdict.
The court established that sudden provocation can reduce a murder charge to manslaughter, particularly in domestic disputes.
The court held that conviction based on circumstantial evidence requires a complete, unbroken chain of circumstances that unerringly point to guilt, which was not established in this case.
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