SHAJI @ ILLICKAL SHAJI Vs. STATE OF KERALA

JUDGEMENT

(1.) i) Is it safe to place reliance on the oral evidence of PW1?

(2.) The appellant faces a verdict of guilty, conviction and sentence for the offences punishable under Sections 302 and 324 I.P.C. He faces the sentence of imprisonment for life under Section 302 I.P.C. and rigorous imprisonment for a period of six months under Section 324 I.P.C. The sentences are directed to run concurrently. Set off under Section 428 Cr.P.C. is allowed.

(3.) The prosecution alleged that there was a dispute between PW1, brother of the deceased, and the appellant herein at about 8.15 p.m. on 27/7/2003 in a property belonging to one Hariharan. That dispute was about the refusal/failure of PW1 to give the appellant his bicycle when asked for the same. In the course of that dispute, the deceased Shibu Kumar reached the scene. He allegedly tried to save his brother PW1 from the attack of the appellant. The appellant then drew out his knife, MO.1 and inflicted injuries - one on the forehead and one on the abdomen of the deceased. An injury with MO.1 was inflicted on PW1 also. The accused allegedly went away from the scene of the crime with MO.1. The deceased and PW1 were rushed to the local hospital. The deceased was removed from one hospital to other. He ultimately succumbed to his injuries on 30/7/2003. The prosecution alleged that the appellant had thereby committed the offences punishable under Section 324 I.P.C. (against PW1) and Section 302 I.P.C. (against the deceased).