VISWAS Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused in Sessions Case No.674 of 2013 before the III Additional Sessions Judge, Thodupuzha, who has been convicted for offences punishable under Sections 302 and 450 of the Indian Penal Code, 1860 (in short, " IPC "), is before us in appeal challenging the conviction.

(2.) Heard the learned senior counsel appearing for appellant and the learned Senior Public Prosecutor for the State.

(3.) The charge framed against the appellant by the trial court reads as follows: "I, K.R.Madhukumar, III Additional Sessions Judge, Thodupuzha hereby charge you Viswas @ Kannan, aged 26/12, S/o Vdyadaran, Karimban Kara, Upputhodu Village. as follows :- First, that you stabbed Mony trespassing into the house No.IX/68 of Mariyapuram Grama Panchayat near Idukki junction in Thankamony Village, where the deceased Mony resides with his wife CW1 Kuttiyamma and family at 8 PM, on 19.04.2012, visiting there in KL- 5/Q-4877 motorcycle thereby committed house trespassed punishable u/s 450 IPC . Secondly, having so trespassing into the house No.IX/68 of Mariyapuram Grama Panchayat near Idukki junction in Thankamony Village, at 8 PM, on 19.04.2012, you stabbed Mony on his left waist twice between ribs 5 and 6 and twice on the left shoulder and consequently he breathed his last on his way to Kottayam Medical College and thereby committed murder punishable u/s 302 IPC . And I hereby direct that you be tried by this court on the said charge."