SATHEESH KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 28.7.2016 in S.C.No.454/2009 passed by the Additional Sessions Judge-II, Thiruvananthapuram whereby the learned Sessions Judge convicted and sentenced accused Nos.1 and 2 to undergo rigorous imprisonment for three years each and to pay a fine of Rs.10,000/- each and in default to undergo rigorous imprisonment for three months more for the offence punishable under Section 304 Part II of the Indian Penal Code (hereinafter referred to as the IPC).

(2.) The prosecution case in brief is as hereunder:-

(3.) Upon committal, the accused 1 and 2 entered appearance before the trial court. After having heard both sides, the learned Sessions Judge framed charge against the accused under Section 302 read with Section 34 of the IPC to which they pleaded not guilty.