KOCHAGASTHY S/O. LONAPPAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS appeal is filed by the accused in S.C. No. 265 of 2002 on the file of the Additional Sessions Court, N. Parur. That was a case charge sheeted by the Circle Inspector of Police, Angamaly against the accused under Section 302 I.P.C.

(2.) THE prosecution case is that on 10.6.2000 around 1 p.m. the accused committed murder of one Jose, aged about 35, S/o. Thoman, Nellissery Veedu, near Veternary Hospital, Kokkunnu Kara, Mookkannur village by stabbing him on his chest with a knife, while he was at the southern side of the road situated on the northern side of the property owned by Varghese, S/o. Ouseph, Nellanattukara, Kokkunnu, Anappara Road near Vetenary Hospital, Kokkunnu kara, Mukkannur Village and thereby committed an offence punishable under Section 302 IPC.

(3.) IN that court, on the side of the prosecution, Pws. 1 to 14 were examined, Exts.P1 to 13 were marked and Nos. 1 to 10 were identified. On the defence side DW1 was examined. The learned Additional Sessions Judge, on considering the evidence, found that the accused committed murder of deceased Jose and he was convicted and sentenced to undergo imprisonment for life under Section 302 I.P.C. Against that conviction and sentence the accused filed this appeal.