JOY Vs. STATE OF KERALA

JUDGEMENT

(1.) The 1st accused in Sessions Case No.57 of 2006 on the file of the Additional Sessions Judge, (Adhoc)-I, Kottayam, has filed this appeal being aggrieved by the judgment dated 06.06.2006 whereby he was found guilty of an offence under Section 308 of the Indian Penal Code and convicted and sentenced to undergo rigorous imprisonment for four years with a fine of Rs.3,000/- and in default of payment of fine to undergo rigorous imprisonment for six months. It is further held that if the fine amount is realised, Rs.2,500/- is to be paid to the victim PW4 as compensation under Section 357(1) Cr.P.C.

(2.) Heard Sri M.P.Madhavankutty, learned counsel for the appellant and Smt.Sylaja learned Public Prosecutor.

(3.) The case of the prosecution is that on 24.07.2004, at about 7.30 p.m., the 1st accused stabbed PW4, and the 2nd and 3rd accused beat PW4 on his cheek and his back respectively, in furtherance of their common intention to cause the death of PW4, and thereby committed the offence punishable under Sections 308 and 323 read with Section 34 of the IPC. Before the court below, PW1 to PW11 were examined on the side of the prosecution, and Exts.P1 to P8 were marked. On the side of the defence, DW1 was examined. There are no material objects in the case since the weapon allegedly used for the stabbing was not recovered. The court below on considering the evidence found that accused 2 and 3 are not guilty and acquitted them. The appellant was found guilty of the offence under Section 308 IPC and was convicted and imposed with the sentence referred above.