THAPAS BERMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the accused in S.C. No. 144 of 2017 on the file of the Additional Sessions Judge-III, Pathanamthitta and he is challenging the conviction and sentence imposed on him for the offence under Sec. 302 of IPC as per the impugned judgment dtd. 9/5/2019.

(2.) As per the prosecution case, the accused and the deceased were working as employees in a restaurant at Pathanamthitta and in connection with a dispute regarding cooking and supply of foods in the restaurant, there occurred a quarrel between the accused and the deceased and for the reason that the deceased beat the accused in the said quarrel, there was enmity between the accused and the deceased who are natives of Bengal and on 22/8/2016, at about 10 pm., while the deceased Nani Gopal Das was in the kitchen of the restaurant, the accused, with the intention to kill him, stabbed on his chest with a steel knife and committed his murder.

(3.) On the basis of Exhibit P1 First Information Statement of PW1, the owner of the restaurant, PW13, Sub Inspector of Pathanamthitta Police Station, registered Exhibit P11 First Information Report and thereafter, PW16 completed the investigation and filed the final report before Judicial First Class Magistrate-I, Pathanamthitta