KOTTAROM PREMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Did the Court below err in coming to the conclusion that the appellant / accused did not have the right of private defence in his favour in having inflicted the sole fatal injury on the deceased with MO 1 knife

(2.) The appellant challenges a verdict of guilty, conviction and sentence in a prosecution under S.302 IPC. He has been sentenced to undergo imprisonment for life.

(3.) This appeal filed in 2010 is being taken up by us for hearing and disposal today. We note that appeals filed from 2005 are pending before this Court. We therefore feel it necessary to explain why we have taken up this appeal out of turn. We heard the learned counsel for the appellant on the question of suspension of sentence. When we heard the initial submissions of the learned counsel for the appellant, we felt that for optimum use of judicial time, it will be advantageous to hear the appeal itself. That is why this appeal comes up for hearing and disposal out of turn now.