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Showing contexts for: PATHANAMTHITTA in Thapas Berman @ Thapas vs State Of Kerala on 11 January, 2024Matching Fragments
Johnson John, J.
The appellant is the accused in S.C. No. 144 of 2017 on the file of the Additional Sessions Judge-III, Pathanamthitta and he is challenging the conviction and sentence imposed on him for the offence under Section 302 of IPC as per the impugned judgment dated 09.05.2019.
2. As per the prosecution case, the accused and the deceased were working as employees in a restaurant at Pathanamthitta and in connection with a dispute regarding cooking and supply of foods in the restaurant, there occurred a quarrel between the accused and the deceased and for the reason that the deceased beat the accused in the said quarrel, there was enmity between the accused and the deceased who are natives of Bengal and on 22.08.2016, at about 10 pm., while the deceased Nani Gopal Das was in the kitchen of the restaurant, the accused, with the intention to kill him, stabbed on his chest with a steel knife and committed his murder.
3. On the basis of Exhibit P1 First Information Statement of PW1, the owner of the restaurant, PW13, Sub Inspector of Pathanamthitta Police Station, registered Exhibit P11 First Information Report and thereafter, PW16 completed the investigation and filed the final report before Judicial First Class Magistrate-I, Pathanamthitta
4. After committal, the case was taken on file as S.C. No. 144 of 2017 and when the accused was produced before the trial court, after hearing both sides, charge was framed under Section 302 of IPC and when the charge was read over and explained to the accused, he pleaded not guilty.
13. PW2 deposed that he was working as a supplier at Chickinns restaurant, Pathanamthitta and the deceased Nani Gopal Das was working there as a cook and the accused was working as helper. PW2 deposed that at about 9.30 p.m., on 22.08.2016, while he was inside the restaurant, Pintu told him that the accused and the deceased are quarrelling inside the kitchen and accordingly, he informed the matter to PW1 who is the owner of the restaurant, and thereafter, when they reached the kitchen, they saw the deceased lying there in a pool of blood and at that time, the accused and Pintu were also there in the kitchen. The evidence of PW2 shows that PW1 and Pintu took the injured to the General Hospital, Pathanamthitta and subsequently PW1 informed him through phone that Gopal Das is no more. The evidence of PW2 further shows that he and two others detained the accused in the restaurant and subsequently, the police came there and they handed over the accused to the police.
28. PW10 was the doctor at Government Hospital, Pathanamthitta who examined the accused on 23.08.2016 and issued Exhibit P8 certificate. PW11 was the Village Officer, who prepared Exhibit P9 scene plan. PW12 deposed that on 23.08.2016, while working as Civil Police officer in Pathanamthitta Police Station, he witnessed the recovery of the identity card and mobile phone from the accused and he also identified his signature in Exhibit P10 seizure mahazar. PW15 was the secretary of Pathanamthitta Municipality, who issued Exhibit P13 certificate stating that Sri. Rajan T. Samuel is conducting the restaurant in Building Nos. 200/6 and 200/7 in Ward No. 26 of Pathanamthitta Municipality.