BIJU Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant was found guilty of the offence under Section 302 of IPC by the learned Additional Sessions Judge and he was convicted for that offence. He was sentenced to undergo imprisonment for life and to pay a fine of Rs.25,000/-. Rigorous imprisonment for three months was also imposed as default sentence. Challenging the said conviction and sentence, the appellant/accused has preferred this appeal.

(2.) The prosecution alleged that out of previous enmity towards deceased Sajeevan, the accused committed the murder of the said Sajeevan by intentionally causing his death by inflicting a stab injury on the left side of his chest with MO1 knife at 4.30 p.m. on 6.9.2003 at Kizhakkekakra Thekkummuri in Thrikkunnappuzha village. The deceased Sajeevan was first taken to the Government hospital, Haripad. Thereafter, while he was being taken to the Medical College Hospital, Alappuzha, he succumbed to the injury sustained by him at about 6 p.m. on that day.

(3.) PW1 went to Thrikkunnappuzha Police Station and gave Ext.P1 First Information Statement to PW12, the Sub Inspector of Police, at 8.30 p.m. on 6.9.2003. Based on Ext.P1, PW12 registered Crime No.168 of 2003 of that Police Station. Ext.P1(a) is the F.I.R. thus drawn by PW12.