[Dated this the 26^th day of November,2019]

N.ANIL KUMAR,J:

Appellant

is

the

accused

in

S.C.No.1633/2010 on the file of the Additional

Sessions Court-II, Thiruvananthapuram in Crime No.

39/2009 of Poonthura Police Station for the offence

punishable under Section 302 of the Indian Penal

Code,1860 (for short 'IPC'). By judgment dated

10.6.2015, the learned Additional Sessions Judge

convicted and sentenced the accused to undergo

imprisonment for life and to pay fine of

Rs.2,00,000/-, in default of payment of fine, the

accused shall undergo imprisonment for one year more

for the offence punishable under Section 302 of IPC.

2. The prosecution case in brief is that on

3.2.2009 at 11.50 hrs., the appellant/accused caused

stab injuries on the body of one Ameer Hamsa, while

the latter was sitting on the ground near a window for

offering prayers in the tomb in 'Beemapalli' at

Thiruvananthapuram. The appellant applied force and

caught hold of Ameer Hamsa and as a result of the

:-3-:

force, the victim fell down and while so, the

appellant stabbed directly in the mouth of the victim

with MO4 knife. The victim succumbed to the injuries

later. It was alleged that the appellant stabbed the

victim with an intention of murdering the victim and

knowing fully well that the injuries inflicted were

sufficient to cause death of the victim.

3. 'Beemapalli Dargah Shareef' is a famous

mosque in Thiruvananthapuram city. People from all

places come to offer prayers at Beemapalli. The tomb

of Beema Beevi, the lady with miraculous powers, who

is believed to belong to Prophet Mohammed's family,

is the main attraction at this mosque. The Beemapalli

'urus' at the mosque lasting for ten days is one of

the most colourful events.

4. On the ill-fated day at 13.30 hours,

PW12- the Sub Inspector of Police, Poonthura Police

Station recorded Ext.P1 First Information Statement of

PW1 and registered Ext.P2 FIR for the offence

punishable under Section 302 of IPC. Pursuant

thereto, he proceeded to the place of occurrence and

prepared Ext.P3 scene mahazar in the presence of PW6.

:-4-:

While so, PW12 recovered blood stained clothes and

other material objects from the scene of occurrence

and forwarded the same to the court by Ext.P12.

5. PW16 the Circle Inspector of Police,

Poonthura Police Station took up the investigation in

this case on the very date of crime i.e. 03.02.2009.

He conducted inquest on the body of the victim in the

presence of PW7, relatives and Office bearers of the

Panchayath and prepared Ext.P4 inquest report. At the

time of preparing Ext.P4 inquest report, a knife was

seen in situ his mouth exposing the wooden handle of

the knife and adjacent part of its blade with the

blunt edge towards lower lip and sharp cutting edge

towards upper lip. After conducting inquest, PW16

forwarded the dead body with a requisition for

conducting postmortem examination and report. The

deadbody was in charge of PW11. PW13 conducted

postmortem examination at 3.55pm on 3.2.2009 and

concluded at 5.15 pm on the same day. The body was

sent for postmortem examination along with the knife

inside the mouth of the deceased exposing the wooden

handle. After conducting the postmortem examination,

:-5-:

PW13 removed the knife from the mouth of the deceased

and entrusted to PW11, who identified it as that of

the deceased and entrusted it to PW16. PW16 seized

MO4 and prepared Ext.P10 seizure mahazar.

6. Immediately after the occurrence, the

Office bearers of the mosque and the local people

restrained the accused from leaving the place of

occurrence. The police rushed to the scene of

occurrence and secured the presence of the accused.

The accused was brought to the Police Station and kept

under police surveillance. By Ext.P16 arrest memo,

PW16 recorded the arrest of the accused. PW16

conducted body search of the accused and seized the

bloodstained T-shirt and a mobile