Case Note & Summary
This criminal appeal challenges the Kerala High Court's decision upholding the appellant's conviction for murder, as part of an unlawful assembly, under sections 143, 147, 148, and 302 of the IPC. The appellant contends that inconsistencies in eyewitness testimonies and the lack of intent to cause death should acquit him. The Supreme Court, however, finds the evidence credible, despite minor inconsistencies, and concludes that the appellant's actions fit the criteria for murder under section 300 of the IPC. Consequently, the appeal is dismissed, and the appellant is directed to surrender.
Introduction
Criminal appeal against Kerala High Court judgment upholding the appellant's conviction. Appellant's conviction by Sessions Court for murder and related charges.Background of the Case
Appellant part of an unlawful assembly that murdered Bobby due to a dispute. Incident details: victim's involvement in an anti-liquor movement, altercation on 24th December 1999, murder on 26th December 1999.Sequence of Events
Victim and PW5's anti-liquor efforts. Altercation with A4, leading to a threat. Murder by the appellant and co-accused on 26th December 1999.Prosecution Case
Description of the murder and the involvement of various witnesses. Registration of FIR and subsequent investigation.Appellant's Arguments
Questioning credibility of eyewitnesses due to inconsistencies. Highlighting discrepancies in the weapon used and the appellant's actions. Contention that PW4 turning hostile undermines prosecution case. Arguing lack of intent to cause death based on injury nature.Prosecution's Defense
Emphasis on concurrent findings by lower courts. Arguments supporting witness credibility despite minor inconsistencies.Court's Analysis and Findings
Credibility of witnesses and handling of discrepancies. Application of legal standards from relevant case law (Rammi v. State of M.P. and Tahsildar Singh v. State of U.P.).Evaluation of Evidence
Witness testimonies and medical evidence establishing the appellant's role. Minor inconsistencies not affecting the overall credibility of prosecution witnesses.Hostile Witness
Impact of PW4 turning hostile and reasons for his hostility.Determining Intent and Nature of the Crime
Analysis of the appellant's actions under section 300 of the IPC. Consideration of factors from Pulicherla Nagaraju's case to assess intent.Conclusion
Affirming the conviction and dismissing the appeal. Directions for the appellant to surrender and serve the remaining sentence.
Issue of Consideration: JOY DEVARAJ VERSUS STATE OF KERALA
Premium Content
The Issue of Consideration is only available to subscribed members.
Subscribe Now to access critical case issues
