SHANILKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the sole accused in S.C.No.380 of 2011 on the files of the Court of the Sessions Judge, Thrissur. He stands convicted and sentenced for the offence punishable under Sec. 302 of the Indian Penal Code (IPC).

(2.) The victim is one Krishnan. He is a distant relative of the appellant. Both of them were coconut climbers by profession. The accusation in the case is that at about 5.45 p.m. on 5/2/2009, on account of the enmity the appellant had against the victim, for allegedly calling him as 'son of insane person', with a view to cause the death of the victim, the appellant took the victim to a toddy shop, gave him toddy and thereupon, while they were walking back from the toddy shop, the appellant took out a chopper which was hidden by him near the place of occurrence and inflicted a cut injury on the right shoulder of the victim and also on his left leg behind the knee and thereby caused his death.

(3.) On the appellant being committed to trial, the Court of Session framed charge against him under Sec. 302 IPC. The appellant pleaded not guilty. Thereupon, the prosecution let in evidence on its side. When the incriminating evidence was put to the appellant, he denied the same. Thereafter, on a consideration of the materials on record, the Court of Session found the appellant guilty of the offence alleged against him, convicted and sentenced him to imprisonment for life and to pay a fine of Rs.2,00,000.00. The appellant is aggrieved by his conviction and sentence.