JAISON Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant, who was the accused in S.C. No. 269 of 2007 on the file of the Court of Sessions, Ernakulam, was convicted for the offence under Section 302 of the Indian Penal Code and he was sentenced to undergo imprisonment for life. The appellant challenges the conviction and sentence in this appeal. The prosecution case is that on 31.8.2004 at 4.45 P.M., the accused stabbed Aji near Malanad Bar at Kothamangalam, on account of previous enmity and, on his way to hospital, Aji succumbed to the injuries. A family restaurant is also there in the Malanad Bar. PW 9 (Asokan) gave Ext. P6 First Information Statement at 5.15 P.M. on 31.8.2004. PW 19, the Sub Inspector of Police, Kothamangalam, registered Ext. P15 First Information Report on the basis of the statement given by PW 9 (Asokan). PW 22, Circle Inspector of Police, Kothamangalam, conducted the investigation, which was continued by his successors PW 20 and PW 21. PW 21, the successor in office of PW 20, laid the charge.

(2.) The prosecution examined PW 1 to PW 22 and marked Exts. P1 to P17 and MOs. 1 to 14. On the side of the accused DW 1 was examined and Exts. D1 and D2 were marked.

(3.) The prosecution alleged that on the date of incident, the deceased, PW 1 (Sibi Chandran), Prasanth and Ajeesh went to see Kittu Vaidyan for the treatment of the deceased. After massage, they went to Perumbavoor for inviting persons for the marriage of the deceased. By about 4.30 P.M., they came back to Kothamangalam and went to Malanad Bar for taking liquor. They met their friend Manoj in front of the Bar. They realised that money would not be sufficient for having drinks for all of them. Therefore, Rs. 200/- was contributed by Manoj and they decided to purchase liquor from the Beverages Corporation. Ajeesh and Prasanth went to the Beverages Corporation by a bike. PW 1, the deceased (Aji) and Manoj could not go by using one bike and therefore, Aji alone took the bike. PW 1 and Manoj hired an autorickshaw. The deceased rode the bike in front of the autorickshaw. After they covered about ten feet from the Bar, the accused intercepted Aji, caught hold of him and stabbed him twice with MO 1 knife at the chest and abdomen. Even after sustaining the injuries, the deceased rode the bike. By that time, the accused stabbed him on his head twice. When the deceased reached the main road, he fell from the bike and he ran along the side of the road and thereafter, he fell on the side of the road. PW 1 and Manoj followed the accused, who ran away and escaped. After coming back to the scene of occurrence, PW 1 and Manoj came to know that the deceased was taken to the hospital by PW 9 (Asokan) and two others. Inquest was conducted by PW 22. Ext. P11 inquest report was attested by PW 17.