MUHAMMED Vs. STATE OF KERALA

JUDGEMENT

(1.) In this appeal, the appellant/accused assails the verdict of guilty, conviction and sentence imposed on him under Section 302 IPC. He faces a sentence of imprisonment for life. There is also a direction to pay a fine of Rs.2,000/- and in default to undergo rigorous imprisonment for a period of six months.

(2.) The accused was earlier found guilty, convicted and sentenced. But by judgment dated 28-9-2005 in Crl.Appeal No. 1055/2003, another Bench of this Court had set aside the said judgment on the ground that there was non-compliance with the procedural stipulations under Section 232 Cr.P.C. It is accordingly that the impugned revised judgment has been passed after curing the said defect /inadequacy in procedure.

(3.) The prosecution alleged that on 25.8.1998 at about 3.55 p.m. on the public road between Chavakkad and Enammavu, the accused stabbed the deceased Sivaji four times with MO1 knife inflicting serious injuries including injury No.1, which led to the death of the deceased shortly thereafter.