SREENIVASAN ALIAS SREENI Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant, a person undergoing imprisonment, has preferred this appeal through prison authorities to challenge the verdict of guilty, conviction and sentence imposed on him under Section 304(1) and Section 324 of IPC. He was sentenced under Section 304(1) IPC to undergo R.I. for a period of seven years and to pay a fine of Rs. 5,000/- and in default, to undergo R.I. for a further period of six months. For the offence punishable under Section 324, IPC committed against P.W. 1, he was sentenced to undergo R.I. for a period of one year. The substantive sentences of imprisonment were directed to run concurrently.

(2.) The crux of the allegation against the appellant is that at about 9.30 p.m. on 9-4-1995 at the scene of occurrence, which is a pathway, the appellant had inflicted injuries on the deceased and P.W. 1 with M.O. 1 knife, a dangerous weapon. The F.I. Statement was allegedly lodged at 2.30 p.m. on 10-4-1995 and the FIR was promptly registered. The deceased, who had suffered injury on his face was treated at the Malankara Mission Hospital at Kolenchery. P.W. 1 was referred to the Medical College Hospital. The deceased expired on 13-4-1995. Cognizance of the offences under Sections 302 and 324, IPC was taken on the final report submitted by the police after completing the investigation.

(3.) Before the learned Additional Sessions Judge, the accused denied the offence alleged against him and thereupon the prosecution examined P.Ws. 1 to 17 and proved Exts. PI to P27. MOs 1 to 3 were also marked.