SURESH BABU @ BABU Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused in SC No.862 of 2014 on the file of Additional Sessions Judge-V, Kollam, is the appellant herein. He has preferred this appeal through the Superintendent of Central Prison and Correctional Home, Poojappura, Thiruvananthapuram, impugning the judgment, by which he was convicted and sentenced to life imprisonment and fine under Sec. 302 of Indian Penal Code.

(2.) The appellant/accused was chargesheeted by the Circle Inspector of Police, Kadakkal, in Crime No.949 of 2013 of Kadakkal Police Station, for having committed an offence punishable under Sec. 302 of IPC.

(3.) The prosecution allegation was that, on 22/5/2013, around 6.30 p.m., while the deceased Rathnakaran was sitting on the cement platform on the southern side of the veranda of Shop No.VII/388 of Ittiva Grama Panchayath at Melakadu Thampuran Mukku, possessed by CW4 Sivaprasad, the accused, due to his previous enmity towards the deceased, and with the intention of causing his death, inflicted a blow on his head with an wooden stick thereby causing severe head injury resulting in his death at 2.40 a.m., on 23/5/2013, while undergoing treatment at Medical College Hospital, Thiruvananthapuram.