KUNJUMON S/O. PEROOR Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal under Sec. 374(2) Cr.P.C has been filed by the accused in S.C.No.336/2006 on the file of the Sessions Court, Ernakulam, challenging the conviction entered and sentence passed against him for the offence under Sec. 308 IPC.

(2.) The prosecution case as stated in the final report is as follows: - The accused due to his enmity towards the deceased, Sebastian @ Jibin Jacob, and with the intention of causing his death, on 15/09/2005 at 02:00 p.m., stabbed him on the left side of the head of the deceased with a knife causing a grievous injury. The incident is stated to have taken place on the south-eastern side of the gate of the residential building situated in Ward No.XVI of Chellanam Panchayat owned by one George Vazhakottathil. On 17/09/2005 at 10:50 p.m. Sebastian succumbed to the injuries. Hence the accused is alleged to have committed the offence punishable under Sec. 302 IPC.

(3.) Ext.P1 FIS of PW1 was recorded on 15/09/2005 at 04:30 p.m at the Medical Trust Hospital, where the deceased was admitted and undergoing treatment, by PW7, the then Head Constable of Kannamaly Police Station. Ext.P6 FIR, i.e., Crime No.58/2005 was registered by PW8, the then Sub Inspector of Kannamaly Police Station, for the offence punishable under Sec. 324 IPC. The initial investigation was conducted by PW8. The investigation was later on taken over by PW11, the then Circle Inspector, Mattancherry, who completed the investigation and submitted the charge sheet before the court alleging the commission of the offence punishable under Sec. 302 IPC.