KERALA HIGH COURT: VARIATIONS IN EVIDENCE DUE TO NORMAL ERRORS OF OBSERVATIONS OR MEMORY ARE NOT MATERIAL DISCREPANCIES TOUCHING CORE OF CASE

The Kerala High Court in the case Thapas Berman v. State of Kerala observed and has held that variations in the evidence only due to normal errors of observation and memory due to the lapse of time will always be there and the same cannot be accepted as material discrepancies touching the core of the case.

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The Division bench comprising of Justice P B Suresh Kumar and Justice Johnson John was hearing the present case. In the present case, the conviction is made under section 302 of the Indian Penal Code, IPC. The appellant filed the present appeal before the court wherein it challenged the conviction and sentence imposed on him for the offence under Section 302 of the Indian Penal Code, IPC.

Therefore, the prosecution submitted before the court that the accused and the deceased were working together when a quarrel occurred in connection to their employment leading to enmity and on August 22, 2016, when the deceased was in the kitchen of the restaurant where they worked, the accused stabbed his chest with a steel knife and murdered him.