MUNEER Vs. STATE OF KERALA

JUDGEMENT

(1.) IN this appeal filed under Sec. 374 (2) Cr.P.C. the appellant who was the sole accused in S.C. No. 606 of 2006 on the file of the II Addl. Sessions Judge, Kozhikode, challenges the conviction entered and the sentence passed against him for an offence punishable under Sec. 302 I.P.C.

(2.) THE case of the prosecution can be summarised as follows:-

(3.) SINCE this was not a case of no evidence, the learned trial Judge did not record an order of acquittal under Sec. 232 Cr.P.C. The accused was, therefore, called upon to enter on his defence and to adduce any evidence which he might have in support there of. He examined three doctors as Dws 1 to 3 and got marked five witnesses as Exts. D1 to D5.