JACOB ALIAS JAIMON Vs. STATE OF KERALA

JUDGEMENT

(1.) (i) In having returned to the scene of the crime with MO 1, a dangerous weapon, within a short span of time after the initial incident, in an obvious attempt to defend his possession of the autorickshaw, against the attempt of the deceased and PW 2 to take away the autorickshaw by force (or to cause mischief to the same), did the appellant forfeit his right of private defence

(2.) The appellant has been found guilty, convicted and sentenced under S.302 of IPC and he faces a sentence of imprisonment for life and to pay a fine of Rs.50,000/-, and in default of payment to undergo rigorous imprisonment for a further period of three years. He is alleged to have caused the death of deceased Sudhakaran, a person aged about 42 years, by inflicting multiple stab injuries on him with MO 1, a dangerous weapon. The motive, as alleged by the prosecution, is disputes following the failure / refusal of the appellant to return an amount of Rs.40,000/- borrowed by the appellant from the deceased. The alleged incident took place at about 9.15 pm on 27/10/2002 on the public road near Thidampoor Temple.

(3.) Investigation commenced with the registration of Ext. P1(a) FIR on the basis of Ext. P1 FI statement lodged before the police by PW 1 Surendran, brother of the deceased, who had not witnessed the occurrence. Investigation was completed and final report was filed by PW 23. The learned Magistrate committed the case to the Court of Session observing all legal formalities. The learned Sessions Judge framed charges against the appellant, and the appellant denied the same. Thereupon, prosecution examined PW 1 to PW 23 and marked Exts. P1 to P20. MOs 1 to 12 were also marked.