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CASE NO.:

Appeal (crl.) 1375 of 1999

PETITIONER:

V.N. Ratheesh

RESPONDENT:

State of Kerala

DATE OF JUDGMENT: 06/07/2006

BENCH:

ARIJIT PASAYAT & LOKESHWAR SINGH PANTA

JUDGMENT:

J U D G M E N T

ARIJIT PASAYAT, J.

Appellant calls in question legality of the judgment

rendered by a Division Bench of the Kerala High Court

upsetting the order of acquittal passed by learned Sessions

Judge Kasaragod, Kerala. Appellant faced trial for alleged

commission of offence punishable under Section 302 Indian

Penal Code, 1860 (in short the ’IPC’). According to the

prosecution on 23.12.1994 at about 11.15 a.m. he stabbed

one Narayanan (hereinafter referred to as the ’deceased’) to

death at the private bus stand. The High Court by the

impugned judgment held that the order of acquittal passed

by the trial court was not proper and the appellant was

convicted for the offence punishable under Section 304 Part I

IPC and sentenced to undergo seven years rigorous

imprisonment. The prosecution version as unfolded during

trial was as follows :

On 23.12.1994 at 11.15 a.m. the accused stabbed

deceased to death at the private bus stand, Kanhangad. On

Ext.P1 complaint of H.R. Ashokan (PW1) and V.K. Raghavan

(PW 9), Sub Inspector of Police, Kanhangad Police Station,

registered Ext. P.9 F.I.R. in Crime No. 648 of 1994. The

accused had been taken to the police station by PW1 and

another, from whom MO1 dagger and MO2 sheath were

seized under Ext.P2 mahazar, which was attested by K.

Kanna (PW4), who was allegedly an eye witness. PW 9 also

visited the scene of incident where PW4 gave the details. P.

Habib Rahiman (PW10), Circle inspector took over the

investigation at about 2.45 p.m. on the same day. He held

inquest over the dead body from the mortuary of the

District Hospital, Kanhangad and gave his findings in

Ext.P.11, inquest report, under which MOs.3 and 4, clothes

worn by the deceased, were seized. Dr. C.V. Jayarajan

(PW8), Asst. Surgeon, District Hospital, Kanhangad,

conducted the postmortem and he set out his findings in

Ext.P8 postmortem certificate. The accused was arrested,

produced before the Magistrate and he was remanded.

Witnesses were questioned, statements recorded and final

report was filed against him for the aforesaid offence. He

pleased not guilty to the charge, whereupon prosecution

examined ten witnesses, marked sixteen exhibits and MOs.

1 to 4. When questioned under Sections 313 of the Criminal

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Procedure Code, 1973 (in short the ’Cr.PC’) he denied the

incident as alleged, gave his own version and said that the

deceased Tharingil Sunny (PW 2) and others never let him

live in peace, that on 19.8.1994they trespassed into his

house, assaulted him, his wife and children. He was

hospitalized for treatment of the injuries sustained. On his

complaint a case was also registered against them. He had

to leave the place and take up residence in another place.

On the ill-fated day he had come to Kanhangad for

purchasing some articles for his pilgrimage to Sabarimala

and medicines for his child. At the bus stand the seven

accused persons, against whom he had filed complaint,

along with Aravindakshan (PW3) and one Pappan,

surrounded and attacked him. The deceased held him and

he was assaulted by one Kutty. He tried to wriggle out to

escape, when PW2 tried to stab him the blow accidentally

fell upon the deceased. He denied that he inflicted injuries

upon him as alleged, and maintained his innocence. He

further stated that the local police was inimical towards him

following a complaint filed by him against the then C.I. and

three police constables. The investigation was one sided

and biased. Exts. D1 to 3 were marked, but no witness was

examined in defence.

The trial court after consideration of the evidence

brought on record came to hold