Kerala High Court
Rajesh Babu @ Kochumon vs State Of Kerala on 3 July, 2025
Author: Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
THURSDAY, THE 3RD DAY OF JULY 2025 / 12TH ASHADHA, 1947
CRL.A NO. 876 OF 2019
AGAINST THE JUDGMENT DATED 03.05.2019 IN SC NO.572 OF
2012 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT -
II
APPELLANT/ACCUSED:
RAJESH BABU @ KOCHUMON
AGED 37 YEARS
S/O.NADESAN, OMANALAYAM HOUSE, KIZHAKKEKKARA MURI,
NEDUMPURAM VILLAGE, THIRUVALLA.
BY ADVS.
SRI.T.P.PRADEEP
SRI.S.SREEDEV
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RESPONDENT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA.
ADV. NEEMA T.V., SENIOR PUBLIC PROSECUTOR
THIS CRIMINAL APPEAL HAVING COME UP FOR FINAL HEARING ON
03.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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JUDGMENT
Raja Vijayaraghavan, J.
The above appeal is directed against the judgment dated 03.05.2019 in S.C.No. 572 of 2012 on the file of the Additional Session Judge-II, Pathanamthitta. In the above case, the appellant was charged for having committed offences punishable under Section 302 of the IPC. By the impugned judgment, he was found guilty for the offence under Section 302 of the IPC and was sentenced to undergo imprisonment for life and to pay a fine of Rs.1,00,000/- with a default clause.
2. Brief Statement of Facts:
2.1 The deceased Pankajakshan Pillai, along with his wife Anandhavalliamma (PW4) and their younger son Rajesh Babu (PW1), resided immediately on the eastern side of the house of the appellant in Ward No. 1 of Nedumpram Village, Thiruvalla. It is the case of the prosecution that the engagement ceremony of PW1 was scheduled to be held on 26.03.2006. On the previous day in the evening, the appellant went to the house of the deceased with a bottle of 2025:KER:48346 Crl. A. No. 876 of 2019 :: 4 :: alcohol. The deceased, PW1 and the appellant drank alcohol, sitting in the courtyard of the house. At about 09.00 p.m., the deceased was told by the appellant that he will ensure that the engagement ceremony of PW1 is not held on 26.03.2006. When the conversation became loud, Anandhavalliamma (PW4) is alleged to have asked the appellant to leave the house. The prosecution case is that the appellant, along with the deceased, proceeded to the house of the appellant and PW4 followed them.
It is alleged that after entering the property of the appellant, he took out a chopper as well as a knife and inflicted multiple injuries on the body of Pankajakshan Pillai. The cries of the deceased were overheard by PW4, who rushed towards the gate of the house of the appellant. She saw the appellant inflicting injuries on her husband. Her elder sister Rajamma was also with her. She sought help from her son who was at home. PW1 and PW4 could do nothing but stand outside the gate of the house of the appellant and witness the deceased being inflicted with injuries by the appellant by sitting on his torso. It is alleged that the appellant threatened them by brandishing the weapons in his possession, and they were not permitted to enter the property. However, they managed to intimate the police, who came to the spot. The police managed to open the gate after obtaining the keys from the mother of the appellant.
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2.2 The injured was immediately rushed to the Pushpagiri hospital, but his
life could not be saved.
3. Registration of Crime and Investigation:
3.1. Based on the information furnished by PW1, Crime No. 62 of 2006 was registered by PW9, the Sub Inspector of Police, Pulikeezhu Police Station. As per the FI statement, the incident had taken place in the courtyard of the house of the appellant.
3.2. Thereafter, the investigation was taken over by PW10, the Sub Inspector of Police. He conducted an inquest over the dead body of the deceased, which was lying at the Pushpagiri Hospital, and prepared Ext.P3 Inquest Report. The clothes which were found on the body of the deceased were seized. On the same day itself, he went to the scene of crime and prepared Ext.P5 scene mahazar. At the time of preparation of the scene mahazar, trace evidence was collected from the scene. On the same day itself, a search memo was prepared and the same was forwarded to the court and search of the house of the appellant was carried out. No weapons were seized from the house of the appellant. However, a telephone directory with blood stains was found in the living room and the same was 2025:KER:48346 Crl. A. No. 876 of 2019 :: 6 :: seized.
3.3. On 31.03.2006 at about 11 a.m., the appellant was arrested while he was found standing in the KSRTC bus stand at Thiruvalla. Based on the disclosure statement made by the appellant, a knife and a chopper, which is allegedly used by him for the commission of the offence, were seized. Ext.P6(a) is the confession statement alleged to have been made by the appellant. On the same day itself, a search was conducted in the house of the sister of the appellant, and the clothes which were allegedly worn by him at the time of the occurrence were seized. The appellant was produced before the Doctor, and a certificate was obtained. Insofar as the injuries found on the body of the accused are concerned, when he was questioned, he is alleged to have stated that those injuries were sustained when he had fallen down while escaping from the scene of crime. The seized items were forwarded to the court as per Ext.P15 series property list. The items were forwarded to the analyst as per Ext.P16 forwarding note, and Ext.P17 FSL Report was obtained thereafter. Directions were issued to the Village Officer to prepare the scene plan.
3.4. Certain unpalatable occurrences happened thereafter. PW11 was the Deputy Superintendent of Police, Thiruvalla, during the period from 01.01.2010 till 2025:KER:48346 Crl. A. No. 876 of 2019 :: 7 :: 01.07.2011. He stated that on 06.09.2010, PW1 had lodged a complaint before him wherein it was stated that his father was brutally murdered by the appellant and that he had not received summons from the court and requested for initiation of appropriate action. Ext.P2 is the complaint lodged by PW1 before him. On receipt of the complaint, a detailed enquiry was conducted, and it was found that the final report was produced by CW17 Reghuvaran Nair on 30.06.2006 before the judicial Magistrate of the First Class, Thiruvalla. However, on 13.09.2016, the final report was returned. The returned final report, however, went missing. Finding that there were serious lapses on the part of the officers of the Pulikeezhu Police Station, he ordered action against the concerned police officers and a report was filed to that effect. Immediately thereafter, a request was made before the jurisdictional Magistrate to conduct further investigation under Section 173(8) of the Code of Criminal Procedure. He stated that the investigation was conducted and a final report was laid before the jurisdictional court by CW19.
3.5. PW12 was the DYSP, Thiruvalla, during the period from 30.11.2010 onwards. He stated that on 30.11.2010, he received the order passed by PW11, ordering him to conduct further investigation in the case at hand. On receipt of the said order, he forwarded Ext.P19 report to the court concerned and obtained 2025:KER:48346 Crl. A. No. 876 of 2019 :: 8 :: sanctions. He questioned the witnesses and recorded their statements, which include the statements of CW1, CW2, CW8, CW4, CW12, CW9, CW7, CW11, CW3, CW6, CW10 and CW13. He also questioned CW17 and conducted the investigation. Since CW17 stated that the file report is not available in the police station, he conducted the investigation in that particular line as well. After concluding the investigation, the final report was laid before the court.
4. The Court Charge:
"That you, the accused on 25.03.2006 at about 09.45 p.m., due to the enmity that the deceased Pankajakshan Pillai has asked you about your words that you will obstruct the marriage of his son with the intention to commit the murder of Pankajakshan Pillai and with the knowledge that your act will cause his death, you have visited his house with a bottle of liquor and made drank him, and took him and caused cut injury on the left shoulder and abdomen with a dangerous chopper and when Pankajakshan Pillai has fallen down, you sat on the body of Pankajakshan Pillai and stabbed him with a knife causing 27 stabbed injuries on various parts of his body, towards the way and surroundings of your house by name Omanalayam Veedu, Pulikeezhu Bridge Junction, Vellore Kadavu Road, Pulikkeezhu, and murdered him and thereby committed offence U/s. 302 IPC." (sic)
5. To prove the case of the prosecution, as many as 12 witnesses were 2025:KER:48346 Crl. A. No. 876 of 2019 :: 9 :: examined as PWs 1 to 13 and through them, 21 documents were exhibited and marked as Exts. P1 to P21. Material objects were produced and identified as MOs 1 to 6.
6. After the close of the prosecution evidence, the learned Session Judge put the incriminating materials arising out of the prosecution evidence to the accused under Section 313(1)(b) of the Code. He maintained that he was innocent. When he was asked by the learned Session Judge whether he had anything to add, he stated that the house of the deceased is immediately on the eastern side of his house. According to him, the relationship between his family and that of the deceased has not been cordial for years. The engagement of PW1 was scheduled to be held on 26.03.2006. On 25.03.2006 at about 08.00 p.m., there occurred a dispute between Pankajakshan Pillai and PW1 on one side and the local people on the other side. The appellant, as well as the father, did not enquire into the fight between the two groups. After some time, he heard abuses being showered by certain persons who were standing on the Panchayath road on the southern side of his house. When he, along with his father, came out and asked them not to shower abuses, the persons standing outside entered his house and attacked him and his father. He suffered stab injuries to his body. He was also beaten on his legs with a stick. His father was also 2025:KER:48346 Crl. A. No. 876 of 2019 :: 10 :: beaten. Hearing the cries of his mother and wife, local people assembled. Thereafter, there was a fight between two groups. As there was no light at the place, he was unable to identify the participants. He, however, heard the voices of the deceased as well as his son. Immediately, his father called the Pulikeezhu Police Station and informed them about the fight between the two groups. Later, he came to know that the police personnel had come to the spot and had taken away the deceased. The appellant, as well as his father, was admitted to the Pushpagiri Hospital. On 26.03.2006 at about 11.30 a.m., the appellant was arrested from the hospital. He denied that any weapons were recovered based on the disclosure statement given by him.
7. Findings of learned Sessions Court: The learned Session Judge, after careful evaluation of the evidence let in by the prosecution, came to the conclusion that the evidence let in by the prosecution by examining PW1 and PW4, was credible and clearly pointed to the guilt of the appellant. Accordingly, the appellant was found guilty and was convicted as aforesaid.
8. Contentions advanced by the Appellant:
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Sri. T.P. Pradeep, the learned counsel appearing for the appellant, submitted that the finding of guilt arrived at by the learned Session Judge cannot be sustained under law. He would point out that in the case on hand, the Investigating Officer had concluded the investigation and submitted the final report in the month of September 2006. The final report was returned by the court as the same was defective. It was after 5 years, i.e., in 2011, that the final report was laid before the jurisdictional Court. The learned counsel urged that it was brought out in cross-examination that PW12 had to question and record the statements of the witnesses all over again. The statements originally given by the witnesses are missing. This being the position, it can only be concluded that the version presented by the prosecution before the court is not the true version of the incident, but a fabricated version. The learned counsel would then point out that the lapses in the investigation are fatal in as much as a fair trial has been denied to the appellant. He has not been served with the original statements recorded by the police and therefore, he was prevented from cross-examining the witnesses to bring out the falsity in their statements. The learned counsel would then submit that the evidence let in by the prosecution by examining PW1 is at variance with the evidence let in by PW4. The discrepancies have been ignored by the learned Sessions Judge and have 2025:KER:48346 Crl. A. No. 876 of 2019 :: 12 :: proceeded to blindly believe their version. He would urge that though the prosecution would urge that the parties were inimical to each other, the very prosecution case is that the accused, as well as the deceased, were consuming alcohol together on the date of the incident. It is urged that the conduct of the occurrence witnesses in refusing to go to the rescue of the deceased is unnatural, which would only show that they were not present in or around the scene of the crime when the incident allegedly took place. The learned counsel would point out that the non-examination of Anil Kumar, who was allegedly present during the alcohol party and the witnesses who admittedly were present in and around the scene of the crime, and the neighbours are fatal. It is submitted that PWs 1 and 4, being related and thereby interested witnesses, the learned Sessions Judge ought to have subjected their evidence to detailed scrutiny. It is pointed out that though the prosecution witnesses state that they could not have entered the house as the gate was closed, the fact remains that neither in the scene plan nor in the scene mahazar, there is any reference to a wall separating the property of the appellant from the southern road, or with the house of the deceased, which according to the prosecution is immediately on the eastern side. The non-examination of one Rajamma, who is stated to be the elder sister of PW4, is also highlighted by the 2025:KER:48346 Crl. A. No. 876 of 2019 :: 13 :: learned counsel as a serious flaw in the prosecution case. It is submitted that the recovery of weapons effected at the instance of the appellant could not be relied upon, as the same was not proved in accordance with law. The report of the Scientific Expert was also attached, and it is urged that the same did not reveal that the blood found on the weapons were that of the deceased.
9. Submissions by the learned Public Prosecutor: Smt. T.V. Neema, the learned Public Prosecutor, would counter the arguments, and it is submitted that the learned Sessions Judge evaluated the entire evidence and has come to the finding of guilt. It is urged that the evidence of PWs 1 and 4 were scrutinized by the learned Sessions judge, and he has concluded that minor omissions and discrepancies brought out by the defence were so trivial that it did not affect the substratum of the prosecution case. According to the learned counsel, PWs 1 and 4, though related, had absolutely no reason to leave out the actual culprit and frame the appellant. According to the learned counsel, the recovery of the weapon and the scientific evidence lend sufficient corroboration to the version of the ocular witnesses, and there is no reason why this Court should interfere with the same. It is submitted that though further investigation had to be carried out, as the final report 2025:KER:48346 Crl. A. No. 876 of 2019 :: 14 :: went missing, in the course of further investigation, the original documents were traced out. It is submitted that there is absolutely no reason to interfere with the findings of the learned Sessions Judge.
10. We have carefully considered the submissions advanced by both sides. We have also evaluated the entire evidence and have gone through the impugned judgment.
11. The fact that the death of Pankajakshan Pillai was homicidal in nature was not disputed by the defence. The stand of the accused while cross-examining the witnesses and in his 313 Statement, is that there was a fight between two groups, which took place in the courtyard of his house and several people got injured, including himself and his father. He denies that he has any role in causing injuries to the deceased. PW1 stated that his father sustained injuries and was lying on the property of the appellant. The police took the injured to the Pushpagiri Hospital, where he was pronounced dead by the doctors. PW8 is the Deputy Police Surgeon, who conducted the postmortem over the dead body of the deceased. He noted 29 injuries, some of which were incised wounds and some of which were chop wounds. The doctor stated that the death was due to multiple stab injuries to the 2025:KER:48346 Crl. A. No. 876 of 2019 :: 15 :: chest and abdomen. The injuries have already been mentioned in Ext.P8 postmortem report. He stated that injury Nos. 5, 26 and 27 could be inflicted with a chopper and injury Nos. 4 and 15 are chop wounds. All other incised and stab wounds could be inflicted with a double-edged knife. In view of the overwhelming evidence let in by the prosecution by examining PW8, without any manner of doubt, be concluded that the death of the deceased was homicidal.
12. Now we shall evaluate the evidence let in by the prosecution to prove the charge.
12.1. PW1 is the son of the deceased. He testified that his engagement was scheduled for 26.03.2006. On 25.03.2006, at approximately 8:00 p.m., the accused arrived at PW1's residence with a bottle of liquor. PW1, his father, and the accused consumed alcohol together. PW1 then went to the kitchen. The deceased then continued drinking with the accused. PW1 subsequently heard the accused raising his voice. At that time, PW1's mother (PW4) asked the accused to leave. The appellant, accompanied by the deceased, walked towards his house on the western side through the southern road. The accused and the deceased opened the gate of their house and entered his property. PW4 was standing in the courtyard at this point and 2025:KER:48346 Crl. A. No. 876 of 2019 :: 16 :: overheard the deceased utter the words "എന്നെ കൊല്ലുന്നേ". She then called PW1, who, along with his mother and an aunt, proceeded to the residence of the accused, through the southern road. They found that the gate was locked from the inside. They flashed the torch towards the inside and found the appellant sitting on the body of the deceased and inflicting stab injuries repeatedly. PW1 made an attempt to jump over the gate. The deceased had a chopper and a knife in his possession. He brandished the same and, in a threatening voice, asked PW1 to come inside. His mother and aunt pulled him and took him to his house. He went to his house and rang up the Pulikeezhu Police Station. The police reached the spot and rushed the injured to the Pushpagiri Hospital, where he was pronounced dead. He stated that there were boundary disputes between his father and the appellant. Furthermore, the accused harboured animosity towards the deceased, believing that the deceased had falsely informed others that the accused had killed his wife. He stated that Ext.P1 FI Statement was furnished by him to the police. He added that the appellant had taken his father to his house by repeatedly threatening that he would manage to block his engagement. According to him, he was prompted to file a complaint before the Circle Inspector, as nothing transpired after the registration of the crime in the year 2006. Ext.P2 is the complaint lodged by him. His statement was again recorded 2025:KER:48346 Crl. A. No. 876 of 2019 :: 17 :: in the year 2011. He identified MO1, an 'S'-shaped knife allegedly used by the accused to inflict injuries on the deceased, and also identified MO2, a chopper, as the weapons used by the appellant. He underwent extensive cross-examination during which he confirmed the existence of a boundary dispute between his father and the accused. He stated that there is a boundary wall separating the properties. He stated that he had furnished a statement to the police at 3:00 a.m. on 23.06.2006. According to him, Ext.P1 is not the statement furnished by him. He, however, added that on 23.06.2006 at about 12:15 a.m., he had given a statement and the same was read over. The facts contained therein are true and correct. In the year 2011, his statement was recorded by the Circle Inspector. According to him, he had not invited the appellant to his house. However, when the accused came with a bottle of alcohol, he and his father made arrangements at home. During the get-together, one Anil Kumar and another person were also present. They had come after seeing the appellant. He pleaded ignorance when he asked whether, in his previous statement, he had mentioned that MO2 Chopper was used by the appellant to inflict injuries. He admitted that they had finished the entire bottle. He had gone to the spot after his mother had called him. At that time, his aunt was also with his mother. About 5-8 persons had assembled at the spot. He stated that one Satheesan was residing on 2025:KER:48346 Crl. A. No. 876 of 2019 :: 18 :: the southern side, and Rajappan and his family were residing on the western side. He denied the suggestion that his engagement, which was scheduled to be held on 22.06.2006, got disrupted and being aggrieved, his father had trespassed into the house of the appellant and attacked the appellant and his father. Hearing the cries of the appellant and his father, local people had come to his house, and during the melee which followed, some injuries were sustained by the deceased.
12.2. PW2 is a Panchayat Member, who stood as an attestor to Ext.P3 Inquest. 12.3. PW4 is the wife of the deceased. She deposed that her son's engagement was scheduled for 26.03.2006, and the accused, who resided in the neighbouring house, had been invited to the event. On the previous day, i.e., 25.03.2006, at about 8:00 p.m., the accused arrived at their residence carrying a bottle of liquor. The deceased, her son (PW1), and the accused consumed alcohol together and engaged in conversation in the courtyard. Subsequently, upon hearing raised voices, PW4 intervened and overheard the accused threatening that he would ensure the engagement did not take place the following day. She asked the accused to leave the premises, which he did. However, he called out to her husband, who followed him, and PW4 also followed them. Upon reaching the entrance to the 2025:KER:48346 Crl. A. No. 876 of 2019 :: 19 :: accused's property, she saw the accused seize the hand of the deceased and forcefully pull him through the gate, which was immediately locked from the inside. The accused then moved slightly northward within his compound along with the deceased. From her vantage point outside the gate, PW4 witnessed the accused inflict two cut injuries on the back of her husband's neck. She cried out and rushed back home to inform her son (PW1). Together, they returned to the gate with a torchlight. She stated that she saw the accused sitting on the chest of the deceased and repeatedly stabbing him. Despite their attempts, they were unable to open the locked gate.PW4 and PW1 then returned and informed the Police. Before the police arrived, the accused allegedly jumped over the compound gate and fled the scene. Upon arrival, the police opened the gate after obtaining the keys from the mother of the accused. The deceased was taken to the hospital by the police, where he was declared dead. PW4 further testified that there was an ongoing boundary dispute with the accused, particularly concerning branches of a tree encroaching onto their property. She added that the accused's wife had died in Delhi, and someone had informed the accused that the deceased had allegedly spread rumours in the locality suggesting that the accused was responsible for her death due to physical abuse. According to PW4, this incident served as the motive for the murder. She affirmed 2025:KER:48346 Crl. A. No. 876 of 2019 :: 20 :: that there was functional street lighting as well as illumination in the courtyard of the accused's house at the relevant time. PW4 identified a knife with an "S" shape and a chopper when questioned at the Police Station. She also positively identified the accused as the assailant. PW4 stated that she had recorded statements with the police in 2006 and again in 2011. During cross-examination, the defence attempted to cast doubt on the presence of lighting at the scene, but PW4 firmly reiterated that adequate lighting was indeed available. She admitted that the accused had brought a bottle of alcohol and that she had provided glasses and water. Her elder sister was present at the time. Two other individuals, including one Anil Kumar, had also consumed alcohol with the deceased, PW1, and the accused, but had left early. PW4 further stated that the accused spent a considerable amount of time discussing various matters that evening. She denied the suggestion made by the defence that the deceased was a habitual drunkard who frequently caused public nuisance while intoxicated. She added that she was unaware of any previous criminal cases registered against her husband at the Pulikeezhu Police Station for such conduct. She also clarified that no neighbours were present at the scene during the incident. The learned counsel for the accused reiterated the defence theory, also put to PW1, that an altercation stemming from the alleged cancellation of the engagement had 2025:KER:48346 Crl. A. No. 876 of 2019 :: 21 :: resulted in the injuries sustained by the deceased. However, PW4 unequivocally denied this version of events.
12.4. PW5 is an attestor to the scene mahazar. PW6 is the attestor to the recovery mahazar. He stated that MO1 knife and MO2 chopper were recovered from the property of one Ponnappan, the uncle of the accused. However, in cross-examination, he admitted that he was not present when the recovery was effected or when the mahazar was prepared. In that view of the matter, the evidence tendered by him will not be of much help to the prosecution.
12.5. PW7 is the Village Officer, Nedumpuram Village. He stated that he had prepared Ext. P7 scene plan.
12.6. Now we come to the evidence of the investigating officers. We have already narrated the sequence of events that transpired after the completion of the investigation. As stated earlier, it was PW10, the Circle Inspector of Police Thiruvalla, who had laid the final report before the Court on 30.06.2006. However, owing to the failure of the officer to annex the scene plan the same was returned. He stated that he had not received any information from the Court. PW13, the Station House Officer, Pulikeezhu Police Station, stated that he submitted Exhibit P25 report before 2025:KER:48346 Crl. A. No. 876 of 2019 :: 22 :: Court on 26.09.2018 that the case files in SC No 572/12 were missing. He stated that the Station used to leak, and to save the documents, the same used to be shifted from one place to the other. However, he stated that the missing documents were traced out later. He also stated that except for the additional statement of PW1 and the statement of CW2, all other documents were intact. In cross-examination he stated that he has not submitted a report before Court to the effect that the original charge has been irrecoverably lost. He denied that the 161 statements of the witnesses were irrecoverably lost. PW10, stated before Court that on 6/9/2010 a complaint was lodged by PW1 stating that on his enquiry the charge had not been laid before the jurisdictional Court in connection with the murder of Pankajaskhan Pillai. In the said circumstances, he handed over investigation to CW17 and submitted a request to the Magistrate seeking permission to carry out further investigation. It was PW12 , who carried out the investigation and laid the final report before the court. He stated that he had questioned the witnesses yet again and, after completion of investigation, laid the final report before the court. In cross-examination he stated that the final report was returned originally since the scene plan and the FSL report were not produced along with the final report. He, however, stated that the FSL report was traced out later.
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13. Now we shall evaluate the contentions advanced by the learned
counsel.
14. The first contention raised is that the evidence tendered by PW1 and
PW4, the alleged eyewitnesses, suffers from material discrepancies. It is asserted that they have not presented a truthful version before this Court. According to the appellant, the original final report filed before the Court had been misplaced, and PW12 recorded fresh statements from the witnesses five years after the incident--statements that allegedly diverged from their initial versions. However, upon a comprehensive evaluation of the evidence presented, we find no merit in the said contention.
15. In the present case, the First Information Statement (FIS) was recorded at 12:15 a.m., shortly after the incident that occurred at 9:45 p.m. The injured victim was immediately taken to Pushpagiri Hospital, and only after he was declared dead was the statement of PW1 recorded. In that statement, PW1 narrates the entire chain of events beginning from 8:00 p.m.--the accused arriving at his house with a bottle of alcohol, their consumption of liquor in the courtyard, the threats issued by the accused, the intervention by PW4 (his mother), the deceased 2025:KER:48346 Crl. A. No. 876 of 2019 :: 24 :: following the accused to his house, and the subsequent fatal assault at the appellant's property. He also mentioned that his mother and aunt witnessed the incident but could not intervene, as the appellant had closed the gate and was brandishing weapons while issuing threats. This statement, which substantially captures the crux of the prosecution's case, reached the Court at 6:40 p.m. on 26.03.2016. Furthermore, the name of the accused is specifically mentioned in Column No. XII(a) of the inquest report prepared on the same day. These records reached the Court without delay.
16. As regards the alleged discrepancies in the testimonies of the witnesses, an evaluation of the evidence reveals that PW4 had followed her husband when he accompanied the appellant to the latter's house after the drinking session. PW4 deposed that she had asked the accused to leave their premises when he began raising threats under the influence of alcohol. She testified to having witnessed the accused pulling the deceased into his compound, closing the gate from inside, and inflicting injuries using MO1 and MO2. Since the gate was locked, she was unable to intervene and returned to call her son. Fearing for his safety, she and her sister did not permit PW1 to intervene, as the accused was armed. PW4 further stated that at the time of the attack, PW1 was at home. PW1, on the other hand, stated that his 2025:KER:48346 Crl. A. No. 876 of 2019 :: 25 :: mother called him after hearing his father's cries. On close scrutiny, we find that the discrepancies pointed out are not substantial enough to discredit their testimony entirely. The core of the prosecution story remains intact.
17. In Yogesh Singh v. Mahabeer Singh and Others 1, the Apex Court explained that minor discrepancies are not to be given undue emphasis and the evidence is to be considered from the point of view of trustworthiness. The test is whether the same inspires confidence in the mind of the Court. If the evidence is incredible and cannot be accepted by the test of prudence, then it may create a dent in the prosecution version. If an omission or discrepancy goes to the root of the matter and ushers in incongruities, the defence can take advantage of such inconsistencies. It needs no special emphasis to state that every omission cannot take place of a material omission and, therefore, minor contradictions, inconsistencies or insignificant embellishments do not affect the core of the prosecution case and should not be taken to be a ground to reject the prosecution evidence. The omission should create a serious doubt about the truthfulness or creditworthiness of a witness. It is only the serious contradictions and omissions which materially affect the case of the prosecution but not every contradiction or 1 2017 (11) SCC 195 2025:KER:48346 Crl. A. No. 876 of 2019 :: 26 :: omission.
18. In Bharwada Bhoginbhai Hirjibhai v. State Of Gujarat2, it was held by the Apex Court that much importance cannot be attached to minor discrepancies. The reasons are obvious :
(1) By and large a witness cannot be expected to possess a photographic memory and to recall the details of an incident. It is not as if a video tape is replayed on the mental screen.
(2) Ordinarily it so happens that a witness is overtaken by events.
The witness could not have anticipated the occurrence which so often has an element of surprised. The mental faculties therefore cannot be expected to be attuned to absorb the details.
(3) The powers of observation differ from person to person. What one may notice, another may not. An object or movement might emboss its image on one person's mind, whereas it might go unnoticed on the part of another.
(4) By and large people cannot accurately recall a conversation and reproduce the very words used by them or heard by them. They can only recall the main purport of the conversation. It is unrealistic to expect a witness to be a human tape-recorder.
2
1983 SCC 3 217
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(5) In regard to exact time of an incident, or the time duration of an occurrence, usually, people make their estimates by guess-work on the spur of the moment at the time of interrogation. And one cannot expect people to make very precise or reliable estimates in such matters. Again, it depends on the time-sense of individuals which varies from person to person.
(6) Ordinarily a witness cannot be expected to recall accurately the sequence of events which takes place in rapid succession or in a short time span. A witness is liable to get confused, or mixed up when interrogated later on.
(7) A witness, though wholly truthful, is liable to be overawed by the court atmosphere and the piercing cross-examination made by counsel and out of nervousness mix up facts, get confused regarding sequence of events, or fill up details from imagination on the spur of the moment. The subconscious mind of the witness sometimes operates on account of the fear of looking foolish or being disbelieved though the witness is giving a truthful and honest account of the occurrence witnessed by him --
Perhaps it is a sort of a psychological defence mechanism activated on the spur of the moment.
Applying the above principles to the evidence of PW4, we find no justification to reject her testimony. Her account carries an inherent ring of truth and finds corroboration from the deposition of PW1 as well as other prosecution evidence.
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19. The next contention relates to the delay in the filing of the final report.
It was argued, based on the testimony of PW12, that the statements and records were reconstructed nearly five years after the occurrence, thereby casting doubt on their authenticity. However, on examining the records and the testimony of PW13--the Station House Officer--it is evident that the original documents were traced out. Furthermore, the prosecution materials such as the FIS, FIR, inquest report, and mahazars are all original documents and form part of the final report laid before the Court.
20. The learned counsel appearing for the defence further contended that the absence of alcohol in the body of the deceased, as per the post-mortem report, undermines the case of the prosecution. It was argued that, if the deceased had consumed alcohol, it would have been detected in the stomach contents. We are unable to accept this submission. While PW1 did state that the appellant brought a bottle of alcohol which was consumed by all, there is no precise evidence as to how much the deceased actually drank. It is entirely plausible that he consumed only a minimal quantity, while the remainder was consumed by the appellant, PW1, and two of the appellant's friends. The absence of alcohol in the stomach of the deceased cannot, by itself, lead to the conclusion that the entire prosecution version is 2025:KER:48346 Crl. A. No. 876 of 2019 :: 29 :: fabricated. Furthermore, it does not appear from the prosecution records that the viscera samples were preserved and sent for chemical analysis to detect the presence of alcohol, poison, or other toxic substances.
21. The learned counsel drew attention to the scene plan and argued that since no wall separates the southern road from the appellant's property, the narrative of the prosecution witnesses should be disbelieved. It is urged that if there was no wall, PW1, PW4, or other residents would have easily intervened. It is true that the scene plan and mahazar do not explicitly mention a wall separating the appellant's property with the southern road. However, that omission to mark the wall in the plan will not negate the occurrence of the incident. In fact, the defence version, as suggested during cross-examination of prosecution witnesses, was that the deceased had entered the appellant's house and was involved in an altercation with local people. Yet, in the statement recorded under Section 313 of the Cr.P.C, the appellant presents a different version. Furthermore, he does not dispute that the deceased was found dead in the courtyard of the house of the appellant.
22. We agree with the contention of the learned counsel that the recovery of weapons at the instance of the appellant has not been proven to the hilt. The 2025:KER:48346 Crl. A. No. 876 of 2019 :: 30 :: witnesses to the recovery did not support the case of the prosecution. Insofar as the recovery of clothes from the house of the sister of the accused is concerned, the same also cannot be used to connect the accused. However, the above facts will not in any way undermine the case of the prosecution.
23. We are also not impressed with the contention of the learned counsel that non-examination of Anil Kumar, who had participated in the drinking party at the residence as also the neighbours are fatal to the prosecution. The incident had taken place after 9.45 pm. There is every likelihood that neighbours may keep away from acts of violence, and it all depends on the community and the attitude of the people. As held by the Apex Court in Veer Singh And Others v. State Of Uttar Pradesh3, the legal system lays emphasis on value, weight and quality of evidence rather than on quantity, multiplicity or plurality of witnesses. It is not the number of witnesses but quality of their evidence which is important as there is no requirement under the law of evidence that any particular number of witnesses is to be examined to prove/disprove a fact. The evidence must be weighed and not counted. It is quality and not quantity which determines the adequacy of evidence as has been provided under Section 134 of the Evidence Act. As a general rule the court can and may act 3 [2014 AIR SC 293] 2025:KER:48346 Crl. A. No. 876 of 2019 :: 31 :: on the testimony of a single witness provided he is wholly reliable. (See Vadivelu Thevar v. The State of Madras4, Kunju Alias Balachandran v. State of T.N5, Bipin Kumar Mondal v. State Of West Bengal6,Mahesh v. State of M.P7, Prithipal Singh v. State of Punjab 8, Kishan Chand v. State of Haryana9 and Gulam Sarbar v. State of Jharkhand10.
24. Having appreciated the entire evidence, we are of the view that the judgment rendered by the Additional Session Judge-II, Pathanamthitta in S.C.No. 572 of 2012 does not warrant any interference.
This appeal will stand dismissed, confirming the conviction and sentence.
sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
sd/-
K.V.JAYAKUMAR,
JUDGE
4
1957 AIR SC 614
5
(2008) 2 SCC 151
6
(2010) 12 SCC 91
7
(2011) 9 SCC 626
8
(2012) 1 SCC 10
9
(2013) 2 SCC 502
10
(2014) 3 SCC 401
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PS/2/7/2025
APPENDIX OF CRL.A 876/2019
PETITIONER ANNEXURES
ANNEXURE A CERTIFIED COPY OF THE JUDGMENT DATED 3.5.2019
IN S.C.NO.572/2012 OF THE COURT OF THE
ADDITIONAL SESSIONS JUDGE-II, PATHANAMTHITTA.