Supreme Court - Daily Orders
Suseelan S/O Balan vs State Of Kerala on 18 September, 2014
Bench: V. Gopala Gowda, Adarsh Kumar Goel
1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(S).1104 OF 2010
SUSEELAN S/O BALAN ... APPELLANT(S)
VERSUS
STATE OF KERALA ...RESPONDENT(S)
O R D E R
This appeal is directed against the judgment and order passed in Criminal Appeal No. 185 of 2005 by the High Court of Kerala, whereby it has affirmed the judgment and order of conviction and sentence passed by the Additional Sessions Judge, Pathanamthitta in Sessions Case No. 203 of 2001, for the offence punishable under Section 302 of the Indian Penal Code (for short 'the Code'), after having found that the appellant is guilty and sentenced him to undergo rigorous imprisonment for life and also to pay a fine of Rs.10,000/- (Rupees Ten Thousand Only) and in default to undergo simple imprisonment for a period of one year.
Signature Not VerifiedDigitally signed by Vinod Kumar Date: 2014.09.26 17:56:14 IST Reason:
Correctness of these concurrent findings is challenged by the appellant before us through Supreme 2 Court Legal Services Committee. The learned counsel for the appellant was not present before this Court. Therefore, we requested Mr. Anish Kumar Gupta, learned counsel to go through the record and assist this Court and thus Mr. Gupta assisted the Court.
We have heard the learned counsel for the parties. Our attention was invited to the concurrent findings of fact recorded by the High Court on the charges made against the appellant. It is on record that the trial court came to the conclusion after appreciation of the evidence particularly the dying declaration recorded by PW-13, who is the Executive Magistrate. The dying declaration was recorded after due certification made by the doctor, who treated the deceased. He had certified that the deceased was in a fit condition to give a statement regarding the occurrence. Both the trial court and the appellate court placed reliance upon the dying declaration to hold the appellant guilty of the offence.
We have very carefully examined the correctness of the concurrent findings recorded by the High Court. We are satisfied that the concurrent findings are recorded by the High Court on the charges framed 3 against the appellant on proper evaluation of the evidence on record to hold the appellant guilty for the offence of murder under Section 302 of the Code. Therefore, we do not find any merit whatsoever in the impugned judgment and order of conviction and sentence for life imprisonment.
The appeal is dismissed accordingly.
................J. (V. GOPALA GOWDA) ..................J. (ADARSH KUMAR GOEL) NEW DELHI, SEPTEMBER 18, 2014 4 ITEM NO.104 COURT NO.14 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No(s). 1104/2010 SUSEELAN S/O BALAN Appellant(s) VERSUS STATE OF KERALA Respondent(s) (with office report) Date : 18/09/2014 This appeal was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE V. GOPALA GOWDA HON'BLE MR. JUSTICE ADARSH KUMAR GOEL For Appellant(s) Mr. Anish Kumar Gupta (AC) Mr. Sunil Dutta Mishra,Adv.(NP) For Respondent(s) Ms. Liz Mathew,Adv.
Mr. M.F. Philip, Adv.
UPON hearing the counsel the Court made the following O R D E R The appeal is dismissed in terms of the signed order.
(VINOD KUMAR) (MALA KUMARI SHARMA)
COURT MASTER COURT MASTER
(Signed order is placed on the file)