KUNJUNNI S/O KUNJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) i) Was the court below justified in accepting and acting upon the oral evidence of PWs 1, 2 and 3

(2.) The appellant has been found guilty, convicted and sentenced under Section 302 I.P.C to undergo imprisonment for life and to pay a fine of Rs.5,000/-. Default sentence of Rigorous Imprisonment for a period of 3 months has also been imposed.

(3.) The appellant faced indictment as the 1st accused along with two others (accused Nos.2 and 3). The prosecution alleged that the appellant along with the co-accused had caused simple hurt to PW1. The incident had taken place at 9.30 p.m on 08.09.2000. It was alleged that the accused persons in furtherance of their common intention had caused simple hurt to PW1 and fatal injury to deceased Changan. PW1 was allegedly assaulted with sticks and knife. Deceased was also attacked with MO.1 knife allegedly by the appellant. The prosecution alleged that all the 3 accused had thereby committed offences punishable under Sections 324 and 302 r/w 34 I.P.C.