SUNIL KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused in S.C No.666 of 2018 on the file of the Additional Sessions Judge - IV, Kollam, filed this appeal challenging the conviction and sentence imposed on him for the offences under Sec. 302 IPC and Sec. 27 of the Arms Act as per the impugned judgment dtd. 17/6/2019.

(2.) The prosecution case is that the accused suspected illicit relationship between his wife and the deceased Prasad and on 20/1/2016 at about 5.20 p.m., when the accused reached his house, he saw the deceased near his wife and because of that enmity and with the intention to commit the murder of Prasad, he chased the deceased in his Aviator scooter bearing registration No.KL-24-H-249 armed with a sword stick. When the accused reached near house bearing No.IV/153 of Kadakkal Grama Panchayat situated on the northern side of the Kuttikad Kottappuram Panchayat road, he saw the deceased standing in front of the said house and then the accused questioned the deceased and took the sword from the back of his shirt and stabbed on the left chest of Prasad. The deceased who sustained grievous injuries died on the spot and the accused is thereby alleged to have committed the offences as aforesaid.

(3.) On the basis of Ext.P1 First Information Statement of PW1, Ext.P13 First Information Report was registered by PW17 Sub Inspector of Kadakkal Police station. Thereafter, PW18, the then Sub Inspector of Kadakkal Police station conducted the investigation and after completing the investigation, the final report was filed by PW19, the then Circle Inspector of Kadakkal Police station, before the Judicial First Class Magistrate, Kadakkal and after committal and on the appearance of the accused before the trial court, charge was framed under Ss. 341 and 302 IPC and Sec. 27 of the Arms Act and when the charge was read over and explained to the accused he pleaded not guilty. Thereafter, the prosecution examined PWs 1 to 19 and marked Exts.P1 to P43 and MOs 1 to 10 to prove the charge against the accused. Since it was found that the accused is not entitled for an acquittal under Sec. 232 Cr.P.C, he was called upon to enter on his defence. From the side of the accused, DWs1 to 5 were examined and Exts.D1 to D6 were marked.