ANILKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused in S.C. No.803 of 2008 on the files of the Additional Sessions Court-VI, Kollam is the appellant in this appeal, which is preferred challenging his conviction and sentence in the said case. He stands convicted for the offence punishable under Sec. 302 of the Indian Penal Code (IPC) and sentenced to undergo imprisonment for life.

(2.) The occurrence which is the subject matter of the case took place on 8/9/2004. One Biju aged 26 years died in the occurrence. The appellant was aged 19 years then. The accusation in the final report against the appellant is that on the date of occurrence, by about 1 p.m., when both the appellant and Biju were standing at a junction, Biju made fun of the appellant by calling him '? ? ? ", and on account of the enmity the appellant had against Biju for the said reason, by about 6 p.m. on the same day, he caused the death of Biju by stabbing him beneath his neck at the left shoulder. The scene of occurrence as per the final report is on the side of a public road. As the appellant denied the charge framed against him by the Court of Session when committed for trial, the prosecution examined 15 witnesses as PWs 1 to 15 and proved through them Exts.P1 to P17 documents. MOs 1 to 4 are the material objects identified by the witnesses. Later, after following the procedure prescribed, on an appraisal of the materials on record, the Court of Session found the appellant guilty of the offence punishable under Sec. 302 IPC and convicted him. The appellant is aggrieved by the decision of the Court of Session.

(3.) Heard the learned counsel for the appellant as also the learned Public Prosecutor.