MATHACHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) i) Has the prosecution succeeded in proving satisfactorily all circumstances relied on by it against the appellant?

(2.) THESE questions are raised before us by Sri.Grashious Kuriakose, the learned senior counsel for the appellant, in this appeal.

(3.) THE prosecution alleged that the appellant on account of animosity towards deceased Kariyan, a person aged about 50 years on the date of occurrence (a neighbour of the appellant), on the court yard of the house of the deceased committed his murder by stabbing him with MO1 (hatchet a rough translation). The alleged incident occurred on the night of 12 -13/4/2004. Investigation commenced with Ext.P2 FIS lodged by PW2, the wife of the deceased. The investigation was completed and final report was filed by PW13, the Investigating Officer. Learned Magistrate before whom the final report was filed, after complying with all legal formalities, committed the case to the Court of Session. The learned Sessions Judge took cognizance of the offence alleged against the appellant. Appellant denied the charges levelled against him. Thereupon, prosecution examined PWs.1 to 13 and proved Exts.P1 to P13. MOs.1 to 8 were marked.