RAMJITH Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused in S.C.No.301/2011 of Court of Sessions, Alappuzha, is the appellant herein. He calls in question the conviction and sentence passed against him for the offence punishable under Sec. 302 of the Indian Penal Code [IPC].

(2.) In short the prosecution case is as follows: On 10/2/2008 at 6.15 pm. at Chirapparambu of Aroor Panchayat, accused with intent to commit murder of victim Sumesh, stabbed on the chest of Sumesh with a knife and committed murder of Sumesh. Further it is alleged that the accused committed murder of said Sumesh with the knowledge that Sumesh belonged to Scheduled Caste. The accused thereby committed the offence punishable under Sec. 302 IPC and Sec. 3(2)(v) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act.

(3.) Pursuant to Ext.P1 FI statement laid by PW1, Crime No.80/2008 of Aroor Police Station was registered. After investigation, final report was filed before the Judicial First Class Magistrate Court-II, Cherthala. The learned Magistrate received the same as C.P.No.41/2008 and after complying the legal formalities under Sec. 207 of Cr.P.C, the case was committed to the Court of Sessions, Alappuzha. The learned Sessions Judge framed charge against the accused for the offences punishable under Sec. 302 IPC and Sec. 3(2)(v) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act (SC/ST (POA) Act). The accused abjured the guilt, alleged false implication and claimed to be tried.