UMMER Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is by Ummer (hereinafter referred to as accused) challenging conviction made and sentence to undergo imprisonment for life awarded by learned Sessions Judge, Palakkad for an offence punishable under S. 302 of the Indian Penal Code, 1860 (in short, the Code).

(2.) Prosecution case, in brief, is as fol-lows : On 31-3-1995, at about 12 noon, at Alanallur-I Village, Vazhangalli Desom, on southern side of Alanallur-Vettathur public road, accused inflicted stab injuries with a dagger on various parts of the body of his elder brother Aboobacker (hereinafter referred to as deceased) allegedly on account of property dispute. At that time, deceased was waiting for the bus bound for Vettathur side. While he was under treatment at A1 Shifa Hospital at Perintalmanna, he breathed his last at about 1-45 p.m. on the same day. P.W. 1 gave first information to the police, on the basis of which Crime No. 66 of 1995 was registered. After investigation, charge sheet was filed.

(3.) During trial, 15 witnesses were examined to further prosecution case. Accused did not choose to examine any witness. V. Velayudhan (CW 1) was examined a Court witness. PW. 1 Abdul Nassar, PW. 2 Sainudeen and PW. 3 Kunhumuhammed alias Mani were claimed to be eye-witnesses to the incident. Placing reliance on the evidence of PWs. 1 to 3 and other connected evidence, learned trial Judge found the accused guilty and convicted the accused.