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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

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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.