LALU JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is directed against the judgment passed by the learned IIIrd Additional Sessions Judge, Manjeri in Sessions Case 420/2012, arising out of Crime No.7/2011 of Edakkara Police Station for the offences punishable under Sections 302 and 307 of the Indian Penal Code. By judgment dated 11.11.2016, the learned Sessions Judge convicted and sentenced the accused to undergo imprisonment for life and to pay a fine of Rs.1 lakh and in default of payment of fine, to undergo rigorous imprisonment for a further period of four months for committing the offence under Section 302 of IPC and to undergo rigorous imprisonment for 7 years and to pay a fine of Rs.10,000/- and in default to undergo rigorous imprisonment for a period of one month for committing the offence under Section 307 of IPC. The above sentences were ordered to run concurrently.

(2.) Brief facts which are necessary to dispose of this appeal are stated as hereunder:-

(3.) On 5.1.2011 at about 4 pm on account of the previous enmity, the accused had stabbed Ibrahim, one of the close friends of PW1, on his chest, by means of MO1 chisel and when PW1 tried to intervene, the accused had inflicted stab injuries on his right abdomen and left underarm by using the very same weapon. Ibrahim succumbed to the injuries and PW1 was taken to the hospital for treatment.