Full Judgment Text
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 2
PETITIONER:
VELAN KUTTY
Vs.
RESPONDENT:
STATE OF KERALA
DATE OF JUDGMENT: 26/02/1998
BENCH:
G.T. NANAVATI, V.N. KHARE
ACT:
HEADNOTE:
JUDGMENT:
J U D G M E N T
NANAVATI, J.
The 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.
Though 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.
We have gone through the evidence of PW 1 - Nagmani
with whom the deceased was till one minute before his death.
The 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.
It was 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
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 2 of 2
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.
We are 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.