Limited notice was issued by this Court with respect to the sentence awarded taking note of the submission of the learned counsel for the appellant that whether the case falls within the contours of Section 304 Part-I IPC and not under Section 302 IPC which reveals from the Order dated 8 January, 2020.
Also Read: https://newslaw.in/case-type/civil/regularization-of-village-level-workers-in-tamil-nadu/
The appellant was found guilty of murder mainly based on the oral evidence tendered by PW-13 wife of the deceased, the eye- witness of the alleged incident, the corroboration given by PW-14 who had given FIS and the oral evidence of PW-1, besides the injury sustained by the appellant in the alleged incident and the recovery of weapon used for commission of offence.
Lacerated wound 2×0.2 cm bone deep obliquely placed over the left side and back of head with surrounding abrasion over an area 2×1 cm its inner lower end 2.5 cm above external occipital protuberance and 3 cm outer to midline.
Another contusion 13×8 cm over the left parieto temporal region involving its full thickness, lower extent at left ear, the left temporalis muscle underneath was contused.
Two abrasions over an area 2.5×1 cm separated by a distance of 0.5 cm over the back aspect of right upper arm its lower extend 4 cm above right elbow.
The second episode, according to her, started when PW-13 and her husband were sleeping in their dwelling house, the accused appellant stealthily entered into the house with a wooden stick and took a country grinding stone and hit on the victim’s head.
PW-14 who had given Ext P1 (FIS) supported the version of PW-13.
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On consideration of the prosecution evidence and of PW-13 which is supported by PW-14 in particular, we are of the view that the death of the victim was not caused in the heat of the sudden fight and it was a case of murder under Section 302 IPC and not under any exceptions of Section 300 IPC.
Case Title: SURESH Vs. THE STATE OF KERALA (2023 INSC 126)
Case Number: Crl.A. No.-000452-000452 / 2023
