PAULSON Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused in S.C.No.13 of 2009 on the file of the Sessions Court, Thrissur, is the appellant in this appeal. He has been convicted for the offence punishable under Section 302 of the Indian Penal Code, hereinafter, referred to as 'the IPC', for short, and sentenced to undergo imprisonment for life. He has also been sentenced to pay a fine of Rs.10,000/-.

(2.) The accused is a butcher by profession. He was residing in his family house with his parents and his brother Davis. The case of the prosecution is that on 18.7.2008, at about 9.20 p.m., there was a wordy altercation between the accused and his brother Davis, in the course of which, the accused inflicted a few stab injuries on his brother with MO1 knife, which is being used by the accused as a tool of his avocation. Although Davis was taken to Elite Hospital, Koorkancherry, he succumbed to the injuries on the way to the hospital.

(3.) On the same day, PW1, the father of both the accused and the deceased lodged Ext.P1 F.I. Statement. A case was registered on the basis of the said statement by Nedumpuzha police. PW15 investigated the case and submitted the final report against the accused, alleging commission of the offence punishable under Section 302 of the IPC.