KURYACHAN @ KURYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This is the second round of appeal against the conviction and sentence passed in S.C No.199/2004 on the file of Sessions Judge, Thodupuzha.

(2.) Prosecution case can be summarized as follows: On 18.4.2002 at about 8.45 p.m accused out of previous enmity towards his neighbour, the deceased Thomas @ Thommachan, while walking through Thopramkudi - Melechinnar public road, intentionally stabbed him with MO1 knife on his vital parts. Thomas @ Thommachan succumbed to the injuries on the way to St. John's Hospital, Kattappana, thereby the accused committed the offence u/s 302 IPC.

(3.) PWs 1 to 8 were Examined and Exts.P1 to P8 were marked and MOs 1 to 10 were identified and marked from the side of the prosecution. Thereafter accused was questioned u/s.313 Cr.P.C. He almost admitted the incriminating facts and circumstances put to him and pleaded lack of memory and absence of knowledge with regard to some other factors. He also filed an unsigned separate statement stating that he surrendered his life before Christ and so many wonders would happen and he has been implicated not on account of his own intention. He had not committed any offence and the Christ is the only protector and he is submitting the entire case before Christ who know about the facts of the case etc. Finally on hearing both sides, he was convicted and sentenced to undergo life imprisonment.