XAVIER Vs. STATE OF KERALA

JUDGEMENT

(1.) Johnson John, J . 1. The appellant, who is the accused in S.C. No. 551 of 2016 on the file of the First Additional Sessions Court, Ernakulam, faced trial for the offence punishable under Sec. 302 IPC on the allegation that on 7/3/2016, at 3.30 pm., because of previous enmity and while consuming liquor along with the deceased and others in a shed in the possession of the deceased situated near ESI Hospital, Ernakulam North, the accused quarelled with the deceased and struck on the chest and various parts of the body with a brick causing fracture to the bone and injuries to internal organs and subsequently, the victim succumbed to his injuries while undergoing treatment in Medical College Hospital, Kottayam at 2 p.m. on 22/3/2016.

(2.) Exhibit P10 FIR was registered under Sec. 174 Cr.P.C. on 23/3/2016 on the basis of Exhibit P1 First Information Statement of PW1, who is the younger brother of the deceased. After completion of the investigation, final report was filed by PW17 Inspector of Police, Ernakulam Town North and after committal, the case was taken on file as S.C. No. 551 of 2016.

(3.) The trial of the case was conducted before the First Additional Sessions judge, Ernakulam and from the side of the prosecution, PWs 1 to 17 were examined and MO1 was marked. From the side of the accused, DW1 examined and Exhibits D1 to D9 were marked.