Vs. State of Kerala  INSC 127 (26 February 1998)
Nanavati, V.N. Khare Nanavati, J.
appellant was convicted under Section 302 IPC, for causing death of Kandamuthan
on 25.5.89 at about 9.30
p.m., by the court of
Session Pallakad, in Sessions Case No. 110 of 1989. His appeal (Cr1. A.NO.
458/90) to the High Court of Kerala was dismissed.
the assault was seen by four witnesses, only PW 1 supported the prosecution.
Believing his evidence, the trial court convicted the appellant. The High Court
has also believed his evidence. The High Court also held that the evidence of
PW 1 received support from the circumstance that the appellant had surrendered
before the police on the next day at Kollengoda Police Station with a blood
stained chopper on which subsequently human blood was found and the hairs found
on it were also reported by the Forensic Science Laboratory to be the same as
those of the deceased.
have gone through the evidence of PW 1 - Nagmani with whom the deceased was
till one minute before his death.
deceased had come to the house of PW 1 heard sound of falling of a cycle. He,
therefore, looked into that direction and saw that the appellant was giving
blows to his friend with a sword. He immediately rushed to that place which was
about 30 feet away from the gate of his house. The appellant ran away from that
place. PW 1 then lifted the deceased and brought him near his gate. The
deceased had also told him that it was the appellant who had deceived him indicating
thereby that the appellant had caused injuries to him. Both the courts have
believed the evidence of PW 1. We see no reason to differ from the findings
recorded in this behalf by both the courts below.
contended by the learned counsel for the appellant that there was no light
where the incident had taken place and therefore PW 1 could not have seen the
incident or in any case he could not have recognised the assailant. This
submission cannot be accepted because PW 1 has clearly stated that street
lights were on at that time and he could see the incident in that light. Merely
because the witnesses have stated that after he had brought the deceased near
the gate of his house and brought a lamp he was able to see all the wounds of
the deceased, that cannot lead to an inference that he had not identified the
assailant. The circumstance that the appellant had presented himself with MOI
chopper stained with blood which was found to be human blood corroborates the
evidence of PW 1.
therefore of the view that the High Court was right in accepting the evidence
of PW 1 and convicting the appellant for the murder of kandamuthan. As we find
no substance in this appeal, it is dismissed.