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IN THE HIGH COURT OF KERALA AT ERNAKULAM
RAJA VIJAYARAGHAVAN V, K. V. JAYAKUMAR, JJ.
Suresh, S/o. Bhaskaran - Appellant
Versus
The State Of Kerala - Respondent
Crl.A No. 602 of 2019
Decided on : 23-07-2025
Certainly. Based on the provided legal document, the key points are as follows:
The prosecution's burden is to prove guilt beyond a reasonable doubt, and reliance on a single witness’s testimony is insufficient, especially when contradictions are present (!) (!) .
The case involved an altercation resulting in the deceased falling into a drain, sustaining serious injuries that led to his death after 11 days. The prosecution claimed the appellant pushed the deceased, but the evidence, including medical reports, suggests the injuries could have resulted from an accidental fall (!) (!) (!) (!) (!) (!) (!) .
The initial medical examination indicated the injuries were caused by a fall from a height, which supports the appellant’s claim that the deceased fell accidentally. The delay in recording the victim's statement and the absence of the victim's formal dying declaration raise questions about the prosecution's case (!) (!) (!) .
Witness testimonies, particularly that of the victim’s wife, contain inconsistencies and embellishments, which undermine their reliability. The evidence relied upon for conviction was primarily based on her testimony, which the court found highly unreliable (!) .
There were procedural lapses in the investigation, including inadequate scene documentation and failure to record the victim’s statement properly, which compromised the integrity of the evidence (!) (!) (!) .
Modern investigative tools and procedures mandated by recent reforms emphasize the importance of audio-video recordings, forensic evidence collection, and scientific methods. The investigation in this case was found to be lacking in these aspects, further questioning the validity of the evidence (!) (!) (!) (!) (!) (!) (!) .
The court emphasized the necessity of thorough, scientific, and evidence-based investigations to ensure justice and prevent wrongful convictions. The failure to adhere to these standards in this case led to the conclusion that the evidence was insufficient to sustain the conviction (!) (!) (!) .
Ultimately, the court found the prosecution failed to establish the appellant’s guilt beyond a reasonable doubt, especially given the inconsistencies and procedural shortcomings. Therefore, the appeal was allowed, the conviction was set aside, and the appellant was acquitted and ordered to be released (!) .
These points reflect the court’s reasoning, the importance of reliable evidence, and the need for proper investigative procedures in criminal cases.
| Table of Content |
|---|
| 1. overview of the case and charges. (Para 1 , 2) |
| 2. trial proceedings and evidence evaluation. (Para 4 , 5) |
| 3. arguments from the defense and prosecution. (Para 6 , 7) |
| 4. re-evaluation of evidence. (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 5. witness testimonies and inconsistencies. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 6. critical evaluation of the prosecution's case. (Para 23 , 24 , 25) |
| 7. comments on investigative practices and reforms. (Para 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41) |
JUDGMENT :
Raja Vijayaraghavan, J.
This appeal is directed against the judgment dated 04.05.2019 in S.C. No. 139 of 2016 on the file of the Additional Sessions Judge–III, Pathanamthitta. In the aforesaid case, the appellant herein was charged for having committed offences punishable under Sections 447, 294(b), 506(ii), 325, and 302 of the Indian Penal Code (IPC). By the impugned judgment, he was found guilty:
a) for the offence under Section 302 IPC and was sentenced to undergo imprisonment for life and to pay a fine of Rs.50,000/- with a default clause.
b) for the offence under Section 325 of the IPC and sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs.10,000/-with a default clause.
c) for the offence under Section 506 Part II and sentenced to undergo RI for two years,
d) for the offence under Section 447 of the IPC and sentenced to undergo RI for three months.
The finding of guilt, conviction and sentence passed by the learned Sessions Judge are under challenge in this appeal.
Crux of the prosecution case.
2. The appellant, Suresh, is a close relative of the deceased, Pankajakshan Pillai, and resides adjacent to the house of the deceased. The prosecution case is that on the morning of 05.01.2015, an altercation occurred between the accused and the wife of the deceased, Radhamani who was examined as PW5. At the time of the altercation, the deceased, a rubber tapper by profession, was not at home. He returned around 12:30 p.m. after completing his tapping work. It is alleged that the appellant, with the intention to cause the death of the deceased, trespassed into the courtyard of house bearing No. VP/VII/281 of Vallikode Village and abused the deceased. A verbal altercation ensued, during which the appellant allegedly pushed the deceased forcefully. The deceased fell into a drain located on the southern side of a short wall separating his property from the adjacent road. The drain measured approximately 60 cms. in width and 1.8 meters in depth and ran in an east-west direction. As a result of the fall, the deceased sustained serious injuries, particularly to his vertebra. He was rushed to Amma Hospital at Kottayam, where he was seen by a doctor at 12:50 p.m. The doctor suspected traumatic quadriplegia, and the injured was referred to the Medical College Hospital, Kottayam.
Registration of the Crime and investigation
2.1. On the next day, i.e., on 6.1.2015, at around 8:00 p.m., on receiving information about the incident, the Sub-Inspector of Pathanamthitta Police Station reached the Medical College Hospital and recorded the statement of PW5, on the basis of which Crime No. 29 of 2015 was registered at 8:30 p.m. for offences under Sections 447, 294(b), 506(i), 325, and 302 IPC. Crucially, it was noted in the FI statement that the injured was conscious and able to speak.
2.2. The investigation was taken over by PW10, the Circle Inspector of Police, Pathanamthitta Police Station, on 07.05.2015. He visited the scene of crime and prepared Ext.P7 scene mahazar. He noted that the injuries were sustained when the deceased had fallen into the drain on the southern side of a short brick wall that separated the property of the deceased from the public road.
2.3. On 17.01.2015, he received information that the injured had succumbed to his injuries. He went to the Medical College Hospital and conducted Ext.P3 inquest over the dead body. Thereafter, he filed Ext.P8 report before the cour
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