MOIDEENKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) THE appellant who was the sole accused in S. C. 242/00 on the file of the Addl. District and Sessions Court, (Adhoc) (Fast Track Court No. I), Manjeri for an offence punishable under Sec. 302 I. P. C. challenges the conviction entered and the sentence passed against him by the court below for the aforesaid offence.

(2.) THE case of the prosecution is that out of his previous enmity which the accused had towards the deceased, on 23-3-1999 at 12. 30 p. m. on the road near Prasanthi Hospital at Manjeri and in front of the house of Koodickal Jayachandran, the accused knowingly and intentionally caused the death of 26 year old Abdul Salam by hitting him on the head with a granite stone. Abdul Salam who sustained fatal injuries was initially rushed to the District Hospital Manjeri from where P. W. 2 referred him to the Medical College Hospital, Kozhikode. On this way to the Medical College Hospital, Kozhikode, Abdul Salam succumbed to the injuries. The accused has thereby committed an offence punishable under Sec. 302 I. P. C.

(3.) ON the accused pleading not guilty to the charge framed against him by the court below for the aforementioned offence the prosecution was permitted to adduce evidence in support of its case. The prosecution has altogether examined 12 witnesses as P. Ws. 1 to 12 and got marked 16 documents as Exts. P1 to P16 and two material objects as M. Os. 1 and 2.