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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.K.JAYASANKARAN NAMBIAR, JOBIN SEBASTIAN
Chathu @ Alakkadan Chathu, S/O.Krishnan – Appellant
Versus
State Of Kerala, Represented By The Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. factual background and context of the case. (Para 1 , 2 , 3 , 4) |
| 2. conclusion upholding trial court's conviction. (Para 5) |
| 3. credibility of eyewitness and corroborative evidence. (Para 6 , 8 , 12) |
| 4. assessment of defenses and inconsistencies. (Para 9 , 11 , 13) |
JUDGMENT :
The sole accused in Crime No.199 of 2010 of Panoor Police Station is the appellant before us aggrieved by the judgment dated 28.03.2019 of the Additional Sessions Judge-II, Thalassery in S.C.No.451 of 2011.
2. The case of the prosecution is that at about 06.30 a.m. on 18.03.2010, the accused committed the murder of one Vasu, son of Kunhiraman [hereinafter referred to as the “deceased”] by intentionally inflicting fatal injuries on him using a billhook. The motive for the murder was apparently to settle scores with the deceased on account of a property dispute that was subsisting between the accused and the deceased. The deceased died on the spot within a short while after the infliction of the fatal injuries.
3. The investigation commenced with the registration of Crime No.199 of 2010 of Panoor Police Station, and on its culmination, the final report was laid before the Additional Chief Judicial Mag
The court upheld the murder conviction based on reliable eyewitness and medical evidence, rejecting self-defense claims due to insufficient evidence.
The admissibility and reliability of dying declarations as substantive evidence in establishing guilt in criminal cases.
The evidence of eye witnesses is of great importance in criminal cases, and their testimony should be carefully evaluated to determine its reliability and consistency.
The court determined that killing during a sudden quarrel, spurred by provocation, constitutes culpable homicide rather than murder, warranting a conviction under lesser charges.
Intention in culpable homicide is inferred from the nature of the weapon used, the location of injuries, and conduct indicating a purposeful act to achieve a harmful outcome.
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