GANGADHARAM Vs. STATE OF KERALA

JUDGEMENT

(1.) The scope of this appeal has been limited to the nature of the offence. Appellant has been convicted by the trial court for the offence under Sec. 302 of the indian Penal Code and he was sentenced to imprisonment for life. A Division Bench of the High Court confirmed the said conviction and sentence. As a notice was issued while granting leave that this appeal would be limited to the nature of offence we heard mr. Punit Dutt Tyagi, learned amicus curiae in regard to that limited question.

(2.) Learned counsel made an attempt to show that the deceased would have been the aggressor in this case. Except the ipse dixit of the appellant we have not come across any material in the evidence to show that deceased might have been the aggressor in this case. Even the motive suggested by the prosecution would expel the possibility of deceased becoming the aggressor. The injuries sustained by the deceased as described in the post-mortem report would show that apart from the fatal stab injury on the abdomen the deceased had received a large number of incised injuries on his fingers and hand. They also would indicate that deceased was trying to protect himself from the attack made on him with the knife.

(3.) We failed to notice any circumstance in justification of the proposal to alter the conviction we dismiss this appeal.