{"id":267223,"date":"2008-01-09T00:00:00","date_gmt":"2008-01-08T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/rajendran-kunjumon-vs-state-of-kerala-on-9-january-2008"},"modified":"2015-06-22T12:34:05","modified_gmt":"2015-06-22T07:04:05","slug":"rajendran-kunjumon-vs-state-of-kerala-on-9-january-2008","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/rajendran-kunjumon-vs-state-of-kerala-on-9-january-2008","title":{"rendered":"Rajendran @ Kunjumon vs State Of Kerala on 9 January, 2008"},"content":{"rendered":"
Kerala High Court<\/div>\n
Rajendran @ Kunjumon vs State Of Kerala on 9 January, 2008<\/div>\n
       \n\n  \n\n  \n\n \n \n  IN THE HIGH COURT OF KERALA AT ERNAKULAM\n\nCRL A No. 761 of 2004()\n\n\n1. RAJENDRAN @ KUNJUMON, S\/O. WILSON,\n                      ...  Petitioner\n2. SURESH BABU @ SURESH,\n\n                        Vs\n\n\n\n1. STATE OF KERALA, REPRESENTED BY THE\n                       ...       Respondent\n\n                For Petitioner  :SRI.K.SATHEESH KUMAR\n\n                For Respondent  :PUBLIC PROSECUTOR\n\nThe Hon'ble MR. Justice J.B.KOSHY\nThe Hon'ble MRS. Justice K.HEMA\n\n Dated :09\/01\/2008\n\n O R D E R\n                             J.B.KOSHY & K.HEMA, JJ.\n\n                              --------------------------------------\n\n                                Crl.A.No.761 OF 2004\n\n                               -------------------------------------\n\n                               Dated 9th January, 2008\n\n\n                                       JUDGMENT\n<\/pre>\n
Ko
\n      shy,J.\n<\/p>\n
\n
                  This appeal is filed against the conviction and sentence of the<\/p>\n
appellants\/accused under section 302 read with section 34<\/a> of the Indian<\/p>\n
Penal Code.   Appellants were charge-sheeted for the offence punishable<\/p>\n
under   Section     302<\/a>   read   with   section   34<\/a>   of   the   Indian   Penal   Code   for<\/p>\n
murdering one Biju.     According to prosecution, on 13.5.2000 at 5 p.m.,<\/p>\n
the 2nd accused pushed Biju down by holding around the neck of Biju and<\/p>\n
at that time, the first accused inflicted serious cut injuries on both hands<\/p>\n
and   legs   of   Biju   by   cutting   with   a   chopper   so   many   times   in   quick<\/p>\n
succession at a place on the forest `thadam’ 7 metres 25 cms. south-west<\/p>\n
from   the   south-west   corner   of   the   house   bearing   No.646\/6   situated   in<\/p>\n
Nandiyodu   Panchayat   in   Kurupuzha   Village   and   thereafter,   both   the<\/p>\n
accused had taken Biju to the foot-path of the road in the forest property<\/p>\n
situated   96   metres   north   from   the   above   `Thadam’   and   left   him   there.<\/p>\n
The   injuries   inflicted   by   the   accused   in   furtherance   of   their   common<\/p>\n
intention to cause death of Biju were sufficient in the ordinary course of<\/p>\n
nature to cause death of Biju and Biju succumbed to the injuries at about<\/p>\n
7 p.m. on the same day. The prosecution further alleged that the accused<\/p>\n
had enmity towards the deceased Biju in connection with the sustaining<\/p>\n
Crl.A.761\/2004                                 2<\/span><\/p>\n
of   injury   by   the   father   of   the   accused   from   the   hands   of   Biju   using<\/p>\n
cracker.     It   is   further   alleged   that   on   13.5.2000   at   about   4.30   p.m.,<\/p>\n
Biju had manhandled the sister of the accused, namely Sakunthala.<\/p>\n
               2. PW1, the elder brother of Biju, had received information<\/p>\n
at   about   5.30   p.m.   with   regard   to   the   sustaining   of   injury   by   the<\/p>\n
deceased.   Immediately,   he   proceeded   to   the   spot   and   he   found   Biju<\/p>\n
lying   on   the   side   of   the   road   at   Chathappu     in   a   pool   of   blood   with<\/p>\n
serious   injuries.   He   felt   nervous.     The   people   assembled   there   had<\/p>\n
taken Biju in a jeep to the Medical College Hospital.   PW1 proceeded<\/p>\n
to   the   hospital   in   another   car.     The   Doctors   examined   Biju   and<\/p>\n
declared   him   dead   at   about   7   p.m.   on  that   day.     After   removing   the<\/p>\n
dead body to the mortuary, PW1 proceeded to his house.  He reached<\/p>\n
the   house   at   about   9   p.m.   on   that   day.     Thereafter,   he   had   given<\/p>\n
Ext.P1   F.I.   Statement   before   PW12   at   11.30   p.m.   on   the   same   day<\/p>\n
(13.5.2000)  and it reached the Magistrate on 15.5.2000.  Prosecution<\/p>\n
examined   13   witnesses   and   marked   17   documents   and   identified   11<\/p>\n
material   objects.   In   313   statement   accused   denied   all   incriminating<\/p>\n
circumstances  and  pleaded  their   innocence.  According  to them,  they<\/p>\n
were   falsely   implicated   in   the   crime.     The   first   accused   has   further<\/p>\n
submitted hat the deceased Biju was an accused in 25 cases and that<\/p>\n
the deceased Biju had so many enemies. The father of the accused is<\/p>\n
in a critical condition due to the throwing of cracker by the deceased<\/p>\n
Biju.   The first accused is looking after the affairs of his father.   The<\/p>\n
first accused has further stated that he is innocent.   The 2nd  accused<\/p>\n
Crl.A.761\/2004                             3<\/span><\/p>\n
has stated that he is also endorsing the submissions made by the Ist<\/p>\n
accused and that he is innocent.   Defence examined one witness.<\/p>\n
             3.   Before   analysing   the     evidence   of   occurrence   witness,<\/p>\n
we shall consider the medical evidence.   PW5 conducted postmortem<\/p>\n
examination   and   issued   Ext.P4   certificate.     It   shows   the   following<\/p>\n
ante-mortem injuries:\n<\/p>\n
\n
             “1.   Incised   wound   10   x   5   x   3.5   cm.   on   the<\/p>\n
                  front   and   inner   aspect   of   right   forearm,<\/p>\n
                  the   front   upper   outer   end   being   2   cm.<\/p>\n
                  below   the   middle   of   elbow   exposing   the<\/p>\n
                  cut muscles, vessels and soft tissues.<\/p>\n<\/blockquote>\n
               2.   Incised   wound   9.5cm.   Oblique   involving<\/p>\n
                  the   front   and   inner   aspect   of   right<\/p>\n
                  forearm   5cm.   Above   the   wrist,   exposing<\/p>\n
                  the   cut   ends   of   muscles,   vessels   and<\/p>\n
                  bones   which   showed   stepping   of   edges,<\/p>\n
                  almost   seperating   the   part   from   above,<\/p>\n
                  attached by skin and soft tissue of back of<\/p>\n
                  forearm.\n<\/p><\/blockquote>\n
<\/blockquote>\n
               3.   Incised   wound   2.5   x   1   x   0.3cm.   On   the<\/p>\n
                  front   of   right   forearm   0.6cm.   above   and<\/p>\n
                  parallel to injury No.2.\n<\/p><\/blockquote>\n
<\/blockquote>\n
               4. Incised wound 4.5 x 0.3 x 0.2 cm. on front<\/p>\n
                  of right forearm 0.5cm. above and parallel<\/p>\n
                  to injury No.3.\n<\/p><\/blockquote>\n
<\/blockquote>\n
               5. Incised wound 5 x 0.5 x 0.3cm. In front of<\/p>\n
                  right forearm 1 cm. above and parallel to<\/p>\n
                  injury No.4.\n<\/p><\/blockquote>\n
<\/blockquote>\n
               6. Incised wound 6.5 x 4.5 x 2 cm., involving<\/p>\n
                  the   front   and   inner   aspect   of   left   elbow,<\/p>\n
                  exposing   the   particulars   surface   of   left<\/p>\n
                  ulna with the humerus.\n<\/p><\/blockquote>\n
<\/blockquote>\n
               7.   Incised   wound   4.5   x   0.2   cm.   skin   deep<\/p>\n
Crl.A.761\/2004                              4<\/span><\/p>\n
                  oblique   on   the   front   of   left   forearm   5.5<\/p>\n
                  cm. below and parallel to injury No.6.<\/p>\n<\/blockquote>\n
             8. Incised wound 8 x 1.5 x 0.3cm. Oblique on<\/p>\n
                  the back of left hand, the lower outer end<\/p>\n
                  being  7.5cm.  Above  the  tip  of  left  middle<\/p>\n
                  finger   exposing   the   muscles   and   tendons<\/p>\n
                  of back of the hand.\n<\/p><\/blockquote>\n
<\/blockquote>\n
             9. Incised wound 2 x 0.5 x 0.2 cm. oblique on<\/p>\n
                  back   of   left   ring   finger   5.5   cm.   above   its<\/p>\n
                  tip exposing the tendon.\n<\/p><\/blockquote>\n
<\/blockquote>\n
            10. Incised wound 1 x 0.5 x 0.2 cm. oblique on<\/p>\n
                  back   of   left   little   finger   6   cm.   above   its<\/p>\n
                  root, exposing the tendon.\n<\/p><\/blockquote>\n
<\/blockquote>\n
            11. Incised wound 4 x 0.8 x 0.4 cm oblique on<\/p>\n
                  the top and outer aspect of left knee.<\/p>\n<\/blockquote>\n
            12.   Incised   wound   5   x   1.5   x   2.5   cm.   on   the<\/p>\n
                  front and inner aspect of left knee.<\/p>\n<\/blockquote>\n
            13. Incised wound 3 x 2 x 2cm. On the back of<\/p>\n
                  left foot, horizontal across the heel cutting<\/p>\n
                  the   back   of   calcaneum   for   a   depth   of<\/p>\n
                  1.5cm. Downwards.\n<\/p><\/blockquote>\n
<\/blockquote>\n
            14. Incised wound 3 x 1 x 0.3cm. (bone deep)<\/p>\n
                  on the front of right leg 28 cm. below the<\/p>\n
                  knee.\n<\/p><\/blockquote>\n
<\/blockquote>\n
            15.  Incised wound 3 x 1 x 1.5cm.  On front of<\/p>\n
                  right   leg   0.8cm.   Below   and   parallel   to<\/p>\n
                  injury   No.14   cutting   the   leg   bone<\/p>\n
                  downwards.\n<\/p><\/blockquote>\n
<\/blockquote>\n
            16. Incised wound 1.5 x 0.5 x 0.3cm. on front<\/p>\n
                  of right ankle.\n<\/p><\/blockquote>\n
<\/blockquote>\n
            17. Abrasion 2 x 0.2cm. Oblique on right side<\/p>\n
                  of   face,   the   upper   outer   end   4.5cm.   In<\/p>\n
                  front of tragus of ear.\n<\/p><\/blockquote>\n
<\/blockquote>\n
            18. Contusion 0.5 x 0.5 x 0.2 cm. on the inner<\/p>\n
                  aspect of lower lip just to right of midline.<\/p>\n<\/blockquote>\n
            19.   Abrasion   8   x   4   cm.   oblique   on   back   of<\/p>\n
                  trunk, the upper outer end being 8 cm. to<\/p>\n
Crl.A.761\/2004                              5<\/span><\/p>\n
                    right   of   midline   and   11   cm.   below   the<\/p>\n
                    angle of collar bone.\n<\/p><\/blockquote>\n
<\/blockquote>\n
              20.  Abrasion 4 x 1.5cm. on the back of lower<\/p>\n
                    trunk, the lower inner end 7cm. to right of<\/p>\n
                    midline just above the rim of hip bone.”<\/p>\n<\/blockquote>\n
PW5   opined   that   the   death   of   Biju   was   due   to   multiple   injuries<\/p>\n
sustained   by   him.     According   to   him,   injury   Nos.1,   2,   6   and   12<\/p>\n
together   or   injury   Nos.1   and   2   are   independently   sufficient   in   the<\/p>\n
ordinary   course   of   nature   to   cause   death.     PW5   has   further   opined<\/p>\n
that   the   bleeding   from   the   other   injuries   in   Ext.P4   might   have   also<\/p>\n
contributed to the cause of death along with injury Nos.1, 2 6 and 12.<\/p>\n
It  is further in the evidence of PW5 that injury Nos.1 to 16  could be<\/p>\n
caused with MO1 chopper.   Injury Nos.1, 2 and 6 are injuries on the<\/p>\n
hand of Biju.  Injury No.12 is an incised wound on the front and inner<\/p>\n
aspect of left knee.   In cross-examination, PW5 has stated that injury<\/p>\n
Nos.1,   2,   6   and   12   in   combination   resulted   the   death   of   Biju.     PW5<\/p>\n
also proved Ext.P5 certificate issued by the Joint Chemical Examiner<\/p>\n
after analysing the viscera and blood of the deceased.   Ext.P5 would<\/p>\n
show    that     the    blood  of  Biju  contained   81   mg.  of  ethyl   alcohol   per<\/p>\n
100 ml. of blood.\n<\/p>\n
\n
              4. With regard to evidence of witnesses, PW1 is the elder<\/p>\n
brother of the deceased.   He had not seen the incident.   He had also<\/p>\n
no direct knowledge regarding the incident.  PWs 2 and 3  were cited<\/p>\n
to prove the occurrence, but, they  turned hostile.  Their evidence is of<\/p>\n
Crl.A.761\/2004                             6<\/span><\/p>\n
no help to the prosecution.  They also deposed that they have not seen<\/p>\n
the   incident   and   police   never   questioned   them.     PW4   is   the   only<\/p>\n
occurrence   witness   who   supports   the   case   of   the   prosecution.<\/p>\n
According to him, he has seen part of the incident though he has not<\/p>\n
seen actual infliction of injuries.  He deposed that  at about 4.30 p.m.<\/p>\n
on 13.5.2000, when he reached the place called Chathuppu on his way<\/p>\n
to   the   house   of   his   brother-in-law,   namely,   Thulaseedharan,   for<\/p>\n
borrowing some money, he saw both the accused at Chathuppu.   The<\/p>\n
Ist   accused   was   having   MO1   chopper   with   him   at   that   time.     PW4<\/p>\n
proceeded   to   the   house   of   his   brother-in-law,   and   when   he   reached<\/p>\n
there, nobody was  there in that house.   Thereafter, he came back  to<\/p>\n
his   house.     On   his   way   back   to   his   house,   he   again   reached<\/p>\n
Chathuppu,   when   he   saw   both   the   accused   carrying   Biju   by   holding<\/p>\n
the  hands   and   legs   of   Biju   and   thereafter,   the   accused   had   dropped<\/p>\n
Biju on the side of the road.   The accused then ran away from there.<\/p>\n
PW4 went near to Biju.  Then he noticed that Biju was lying in a pool<\/p>\n
of   blood   with   serious   injuries   on   his   right   hand.     People   assembled<\/p>\n
there had taken Biju to the hospital in a jeep.   The shirt worn by Biju<\/p>\n
was  removed   as the same was  completely  stained  with blood.   Later<\/p>\n
on, he came to know that Biju had died.   He identified MO1 chopper<\/p>\n
carried by A1.  He identified MO2 lunki worn by the 1st accused at the<\/p>\n
relevant time.  PW4 also identified MO3 pants and MO4 shirt worn by<\/p>\n
the 2nd  accused at that time.   PW4 was having acquaintance with the<\/p>\n
accused   even  from  his   child-hood.    The  accused   had  enmity  towards<\/p>\n
Biju in connection with an incident wherein Biju had thrown crackers<\/p>\n
Crl.A.761\/2004                             7<\/span><\/p>\n
and  caused  injury   on  the   father   of   the   accused.     PW4   is   also  having<\/p>\n
hearsay   information   that   the   sister   of   the   accused,   namely,<\/p>\n
Sakunthala,   was   beaten   by   Biju.     Ext.P15   report   from   the   Forensic<\/p>\n
Science   Laboratory   shows   that   MOs   1   to   4   contained   human   blood<\/p>\n
though group was not detected.\n<\/p>\n
\n
              5. PW13   Circle Inspector deposed that MO1 weapon was<\/p>\n
recovered   at   the   disclosure   of   the   1st  accused   (Ext.P9(a)   in   the<\/p>\n
disclosure   statement)     and   the   recovery   mahazar   was   attested   by<\/p>\n
PW9.  PWs 10 and 13 deposed that MOs 2 to 4 and 6 were taken from<\/p>\n
the house of the accused by PW13.  PW13 also proved Ext.P16 F.I.R in<\/p>\n
Crime   No.5\/2000   of   Palode   Police   Station   having   F.I.   Statement<\/p>\n
appended to it.  The said case relates to the sustaining of injury by the<\/p>\n
father of the accused, namely, Wilson in connection with throwing of<\/p>\n
cracker by the deceased Biju.  PW13 has further proved Ext.P17 F.I.R.<\/p>\n
in Crime No.70\/2000 of Palode Police Station registered against athe<\/p>\n
deceased   in   connection   with   the   manhandling   of   the   sister   of   the<\/p>\n
accused, namely, Sakunthala by the deceased Biju.<\/p>\n
              6.   DW1   has   been   examined   by   the   defence   to   prove   that<\/p>\n
PW4   could   not   see   the   incident   leading   to   the   death   of   Biju.<\/p>\n
According to him, at about 4 p.m., on the day on which Biju sustained<\/p>\n
injury,   he   was   present   in   his   property   along   with   PW4.     PW4   was<\/p>\n
engaged in spade work in the property of DW1 from 8 a.m. till 5 p.m.<\/p>\n
on   that   day.     Thereafter,   DW1   came   to   his   house   along   with   PW4.<\/p>\n
Crl.A.761\/2004                               8<\/span><\/p>\n
Then   both   of   them   went   to   the   river   to   take   bath.     The   evidence   of<\/p>\n
DW1   would   show   that   DW1   and   PW4   have   came   back   after   taking<\/p>\n
bath at about 5.45 p.m.  His evidence show that PW4 was with him on<\/p>\n
that day from 2 p.m. to 5 p.m.   In cross-examination he stated that he<\/p>\n
was teaching in a parallel college, that he failed in B.A. and he was an<\/p>\n
accused in an abkari case.\n<\/p>\n
\n
               7. Trial court mainly relied on recovery evidence as well as<\/p>\n
evidence  of PW4.    PW4    is  a  chance  witness.     According  to  him,  he<\/p>\n
wanted   to   get   money   from   his   brother-in-law   and   hence   he   went<\/p>\n
through   the   place   of   incident,   but,   he   was   not   going   through   the<\/p>\n
normal route.   He   did not go to the shop of his brother-in-law which<\/p>\n
was   in   the   junction   itself   to   get   the   money   or   to   meet   him.     This<\/p>\n
apprehends   a   doubt   regarding   the   presence   of   PW4   at   the   place   of<\/p>\n
incident.     In   cross   examination   PW4   deposed   that   he   was   a   distant<\/p>\n
relative of the deceased.  He was a coolie worker and his work is from<\/p>\n
8 a.m. to 4.30 p.m.  On the date of incident he did not go for work.  He<\/p>\n
also stated that from his house Thannimmoodu junction is very close.<\/p>\n
He   further   stated   that   he   was   going   to   meet   his   brother-in-law<\/p>\n
Thulasidharan  to get money  for taking  his wife to the hospital.    But,<\/p>\n
he did not enquire about Thulasidharan  at his tea shop in the junction<\/p>\n
and he did not take his wife to the hospital on the same day.   He did<\/p>\n
not report to the police regarding the incident.  He did not give water<\/p>\n
to the deceased.   Even though he was related, he did not accompany<\/p>\n
Biju to the hospital and he did not ask anything to Biju or accused.  It<\/p>\n
Crl.A.761\/2004                             9<\/span><\/p>\n
is  also  deposed  that   Biju  may   be  an   accused   in   25   cases.     PW4   was<\/p>\n
convicted   for   an   offence   under   section   326<\/a>   IPC   and   sentenced   to<\/p>\n
under   go   six   months   imprisonment.     The   suggestion   that   he   was<\/p>\n
employed by DW1 on the date of incident up to 5 p.m. was denied by<\/p>\n
him.     But,   defence   evidence   also   cannot   be   ignored.       Defence<\/p>\n
witnesses are to be treated on par with prosecution witnesses as held<\/p>\n
by the Apex Court in Munshi Prasad v. State of Bihar<\/a> (AIR 2001 SC<\/p>\n
3031)   (JT   2002   (1)  SC   275).     PW4  is   an  agriculture  labourer   and  he<\/p>\n
was  employed  by  DW1  on  the  relevant  date  up  to  5   p.m.       If  that  is<\/p>\n
believed, PW4 is not a reliable witness as he cannot  see the incident<\/p>\n
at  4.30p.m.     Incident  occurred at  4.30  p.m.  alleged to be in a  forest<\/p>\n
area.   PW4 did not see the infliction of injuries. According to him, he<\/p>\n
saw   accused   coming   with   the   deceased   to   the   public   road   at<\/p>\n
Chathuppu.   After inflicting several injuries on him at the forest area<\/p>\n
there is no need for the accused to carry the deceased  to the public<\/p>\n
road.   It  is very  difficult to believe PW4, as  a whole.   Explanation of<\/p>\n
PW4   for   his   presence   at   the   scene   of   occurrence   is   not   believable.<\/p>\n
Further, according to PW4, he saw the accused with weapons at 4.30<\/p>\n
p.m. on 13.5.2000   in  the junction.   One  of the motive  alleged is that<\/p>\n
deceased assaulted the sister of the accused, that too, at 4.30 p.m.  on<\/p>\n
the same day.   F.I.R. regarding that incident was marked as Ext.P17<\/p>\n
proved  by   PW13   Investigating  Officer.    That  F.I.R   was   received  at   9<\/p>\n
p.m. only after this incident.  If that be so, there is no chance of PW4<\/p>\n
seeing the accused at 4.30p.m. at forest.  If allegations in Ext.P17 are<\/p>\n
correct, there is no chance that both incidents took place at the same<\/p>\n
Crl.A.761\/2004                            10<\/span><\/p>\n
time  as  part  of  same  crime.     But,  most probably,   Ext.P17   F.I.R.   also<\/p>\n
was   manipulated   for     popping   up   a   case   against   the   accused   after<\/p>\n
deceased was found injured, on the basis of suspicion as nobody has<\/p>\n
seen   the   incident.     But,   Ext.P1   F.I.R   was   registered   at   11.30   p.m..<\/p>\n
Even though  the incident occurred at 4.30 p.m. and the deceased was<\/p>\n
taken to the Medical College Hospital, the matter was not reported to<\/p>\n
the   police   till   11.30   p.m.       It   reached   the   Magistrate   only   on<\/p>\n
15.5.2000.  All that raise suspicion.  PW13 Investigating Officer stated<\/p>\n
that immediately after inquest they went to the place of incident and<\/p>\n
the   house   of   the   accused   was   searched,   but,   no   incriminating<\/p>\n
materials   were   found   out.     On   the   next   day   another   search   was<\/p>\n
conducted   and   CW6   produced   a   pair   of   chappels   and   later   the<\/p>\n
accused were arrested on 19.5.2000.    A search was conducted again<\/p>\n
on   20.5.2000   and   blood   stained   shirt   and   pants   were   found   on   the<\/p>\n
clothe-line of the house.   The recovery of MOs 3 to 5  during search is<\/p>\n
not believable.  It is true that  MO1 weapon was recovered as per the<\/p>\n
disclosure   statement   of   the   accused   and   it   contained   human   blood,<\/p>\n
but,   no   attempt   was   made   to   ascertain   the   blood   group.     Further,<\/p>\n
since   prosecution   tried   to   manipulate   other   three   recoveries,   it   is<\/p>\n
difficult   to   believe   the   recoveries.     In   any   event,   recovery   can   be<\/p>\n
accepted   only   as   corroborative   evidence   and   it   cannot   be   the   sole<\/p>\n
basis for conviction especially  when prosecution deliberately  created<\/p>\n
some evidence.         PWs 2 and 3 who are alleged to be eye witnesses<\/p>\n
turned   hostile   and   did   not   support   any   of   the   version   of   the<\/p>\n
prosecution and PW1 has no case that he has seen the incident.   Even<\/p>\n
Crl.A.761\/2004                                   11<\/span><\/p>\n
according to PW4, he did not see the actual infliction of injuries.   His<\/p>\n
evidence   is   suspicious.   We   are   of   the   opinion   that   the   prosecution<\/p>\n
failed   to   prove   the   case   beyond   reasonable   doubt.     It   is   true   that<\/p>\n
Ext.P16   F.I.R.   shows   that   there   was   a   previous   incident   where   the<\/p>\n
deceased   assaulted   father   of   the   accused   on   7.1.2000.     It   can   be   a<\/p>\n
motive, but, it can also be a reason for falsely implicating the accused.<\/p>\n
Mere existence of motive is not enough to convict a person as it is the<\/p>\n
duty   of   the   prosecution   to   prove   the   case   beyond   reasonable   doubt.<\/p>\n
Prosecution was not able to prove the genesis of the case and was not<\/p>\n
able to produce correct facts.  In any event, appellants are entitled to<\/p>\n
the benefit of doubt. Considering the totality of circumstances, we are<\/p>\n
of   the   opinion   that   the   conviction   and   sentence   passed   on   the<\/p>\n
appellants   are   not   sustainable   in   law.     Hence,   we   set   aside   the<\/p>\n
conviction   and   sentence   passed   against   the   appellants   and   they   are<\/p>\n
acquitted.  They should be released forthwith if they are not required<\/p>\n
in any other case.\n<\/p>\n
\n
                The appeal is allowed.\n<\/p>\n
\n
                                                                            J.B.KOSHY<\/p>\n
                                                                               JUDGE<\/p>\n
                                                                                    K.HEMA<\/p>\n
                                                                               JUDGE<\/p>\n
tks<\/p>\n","protected":false},"excerpt":{"rendered":"
Kerala High Court Rajendran @ Kunjumon vs State Of Kerala on 9 January, 2008 IN THE HIGH COURT OF KERALA AT ERNAKULAM CRL A No. 761 of 2004() 1. RAJENDRAN @ KUNJUMON, S\/O. WILSON, … Petitioner 2. SURESH BABU @ SURESH, Vs 1. STATE OF KERALA, REPRESENTED BY THE … Respondent For Petitioner :SRI.K.SATHEESH KUMAR […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,21],"tags":[],"class_list":["post-267223","post","type-post","status-publish","format-standard","hentry","category-high-court","category-kerala-high-court"],"yoast_head":"\nRajendran @ Kunjumon vs State Of Kerala on 9 January, 2008 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/rajendran-kunjumon-vs-state-of-kerala-on-9-january-2008\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Rajendran @ Kunjumon vs State Of Kerala on 9 January, 2008 - 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