SABU Vs. STATE OF KERALA

JUDGEMENT

(1.) The unfortunate victim of Crime No 66/11 of Chittar Police station, subject matter of S.C.No 846/2012 on the file of Additional Sessions Judge-II, Pathanamthitta, would have never imagined that, singing devotional songs in his leisure time at the courtyard of his own residence, would result in an abrupt end to his life, at the hands of his intolerant neighbour. In connection with the said incident, three accused persons, were implicated for the offences punishable under Section 302 read with Section 34 of the Indian Penal Code. The 2nd accused passed away during the trial, and only the 1st and 3rd accused, faced the trial and both of them now stand convicted.

(2.) The prosecution case is that, on 19/03/2011, at about 8 PM, the deceased Sasidharan Pillai @ Sasi, was talking loudly while he was on the southern courtyard of his house. The 1st accused, an immediate neighbour along with the other accused rushed to the deceased, shouting that his loud talk was causing disturbance to his daughter's studies. There ensued a physical altercation, during the course of which fight, the 1st accused stabbed the deceased thrice on his chest, with a knife. The deceased succumbed to the injuries on the spot itself. The prosecution charged the aforesaid offences and the accused stood trial.

(3.) During the course of trial, the prosecution examined PW1 to PW14, marked Exts P1 to P20, and identified MO1 and MO2. Upon completion of the prosecution evidence, statement of the accused was recorded under Section 313 of Cr.P.C in which all the incriminating evidence brought out by the prosecution during the course of trial, were denied by the accused. No defense evidence was adduced and thereafter taking into account the materials produced before it, the Sessions Court arrived at a finding of guilt of the 1st and 3rd accused. Accordingly they were convicted and sentenced for imprisonment for life and a fine of Rs 1 lakh each, with default sentence of rigourous imprisonment for one year. The Appellants herein, have come up with this appeal against the conviction and sentence.