ABDUL RASHEED Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant was charge-sheeted for offence under Section 302 of Indian Penal Code ('IPC' for short) and after trial, he was convicted and sentenced by Additional Sessions Court under Section 302 IPC to undergo imprisonment for life and to pay a fine of Rs. 5,000 and in default, to undergo rigorous imprisonment for six months. The said conviction and sentence are challenged in this appeal. Prosecution case, briefly: On 24-12-2003 at about 5 p.m., while deceased Moideen Koya was going to the market along with P.W. 1, who is his minor son, accused, who is the younger brother of the deceased, came from opposite side and stabbed the deceased with M.O. 1 knife. A scuffle ensued for the knife and in the course of scuffle, both of them fell down to the paddy field which is lying at a lower level from the road. The accused took a granite stone from the side wall and hit the deceased with the same. He also poured acid on his face from a bottle carried by him.

(2.) The accused committed the above acts, pursuant to the dire enmity he had towards the deceased, on account of some property dispute. The deceased sustained injuries and he was rushed to the hospital by the control room police. But, he died at the hospital on the same day. A first information statement was given to the police by P.W. 1. FIR was registered and after investigation, a charge-sheet was laid against the accused for offence under Section 302 of IPC.

(3.) To prove the prosecution case, prosecution examined P.W. 1 to P.W. 20, marked Exts. P-1 to P-22 and M.Os. 1 to 14. The accused did not adduce any evidence, either oral or documentary. While questioned under Section 313 of Code of Criminal Procedure ('the Code' for short), accused stated that he was assaulted by the deceased on several occasions on account of some problems relating to property. The deceased stabbed him with a knife and he caught hold of it when accused sustained an injury on his hand. There was a scuffle between the two and they fell into the paddy field. He did not know what happened thereafter.