BABU Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellant is the accused in S.C.No.70/2015 on the file of the Additional Sessions Judge, Mananthavady in Crime No.1218/2013 of the Mananthavady Police Station for the offences punishable under Sections 449 and 302 of the Indian Penal Code, 1860 (for short 'the IPC'). By judgment dated 11.12.2015, the learned Additional Sessions Judge, Mananthavady convicted and sentenced the accused to undergo rigorous imprisonment for five years and to pay a fine of Rs.10,000/- and in default, to undergo rigorous imprisonment for one year for the offence punishable under Section 449 of IPC and imprisonment for life and to pay a fine of Rs.20,000/- and in default of payment of fine to undergo rigorous imprisonment for two years for the offence punishable under Section 302 of IPC. The above sentences were ordered to run concurrently.

(2.) The brief facts giving rise to the instant appeal are as follows:-

(3.) On getting the information regarding the occurrence, PW1, who is the brother of the deceased, reached the hospital and subsequently went to the Police Station and lodged Ext.P1 First Information Statement before PW22-the Sub Inspector of Police, Mananthavady. On the strength of Ext.P1 statement lodged by PW1, PW22 registered Ext.P1(a) FIR for the offences punishable under Sections 449 and 302 of IPC against the accused.