IMPORTANT POINT
The prosecution must establish a clear causal link between an accused's actions and the resulting death; failure to do so may lead to a conviction for a lesser offense.

JUDGMENT

Raja Vijayaraghavan, J.

This appeal is preferred against the judgment dated 04.03.2021 in S.C.No. 245 of 2019 on the file of the Court of Session, Kozhikode. In the said case, the appellant was indicted for having committed an offence punishable under Section 302 of the Indian Penal Code .

2. By the impugned judgment, he was found guilty and sentenced to undergo imprisonment for life and to pay a fine of ?50,000/-, with a default clause, for the offence punishable under Section 302 of the IPC .

3. According to the prosecution, the appellant is a rag-picker by profession.He along with the deceased Muniyappan used to be engaged in collecting scrap materials in the city of Kozhikode. On 02.10.2018 at about 9:45 a.m., the first informant as well as PWs 1 and 2 are alleged to have seen the appellant and the deceased engaged in an altercation under the AKG Over Bridge situated at Nagaram Amsom Desom in Kozhikode. It is alleged that the appellant took a granite stone and after exhorting Muniyappan that he would be killed, hit him on his head. When the deceased fell down, the appellant is alleged to have sat on his body, held his head, and banged it on the road. The local people assembled at the spot and they intimated the police. The injured was shifted to the Government Medical College Hospital, Kozhikode. Urgent Craniotomy was done, and after undergoing treatment for some time, his family members took the deceased to the KAPV Govt. Medical College, Tamil Nadu and thereafter to the MGM Govt. Hospital, Trichy. His discharge from the Medical College Hospital, Kozhikode, was on 16.10.2018. While undergoing treatment in various hospitals at Trichy, as there was no improvement, the deceased was discharged from the hospital. While he was convalescing at home, on13.11.2018, at 5:00 p.m., he breathed his last.

4. The records before this Court reveal that the First Information Statement was furnished by one Vincent Elanhikkal before the Chemmangad Police Station at 2:18 p.m. on 02.10.2018. Based on the information so furnished, Crime No. 167 of 2018 was registered under Section 307 of the IPC . Thereafter, the investigation was taken over by PW15, the Sub Inspector of Police, Chemmangad Police Station. After taking over the investigation, she went to the hospital and found that the injured was unconscious. The Investigating Officer then went to the hospital on 12.10.2018 and recorded the statement of Dr. Soman, who had conducted surgery. The Officer realized that on 16.10.2018, the injured was discharged from the hospital and taken to his native place. She recorded the statement of the daughter of the deceased, who was informed that in case of any untoward development, she should inform PW15. On 14.11.2018, PW15 was informed by Ranjitha (PW4), the daughter of the deceased, that her father had passed away. The Investigating Officer asked her not to conduct funeral ceremonies, and immediately rushed to Tamil Nadu and reached Karur District at about 5:00 p.m. On reaching there, she realised that on 13.11.2018 at 11:00 p.m., Muniyappan had passed away and that he had already been cremated. Later, she recorded the statements of the family members of the deceased and obtained records from the hospital, where he was treated. She obtained the One and the Same Certificate from the Village Office since Muniyappan was called by some other name as well. The Death Certificate from the concerned Village Officer was also obtained. After returning back, she went to the place of occurrence and seized MO1, which is alleged to be the stone used by the accused for infliction of the injuries. MO1 stone was forwarded to the Forensic Science Lab. After completion of the investigation, the final report was laid before the jurisdictional court.

5. Committal proceedings were initiated by the learned Magistrate in accordance with the law, and the case was committe