STATE OF KERALA Vs. SHERIN

JUDGEMENT

(1.) The State/complainant In Sessions Case 80/ 1996 on the file of the Sessions Court, Kollam is the appellant in this appeal. The respondent was charge sheeted in Crime No. 313/1995 of Kottiyam Police Station alleging that he committed an offence punishable under Section 302 of Indian Penal Code.

(2.) The prosecution case was that at about 8.20 a.m. on 21-11-1995 the respondent committed the murder of one Remanan with the intention and knowledge that his act was likely to cause the death of Remanan. It was alleged that the respondent stabbed Remanan with a knife on the left side of his back and when Remanan turned round, the respondent again stabbed him on the right side of his chest. The victim succumbed to the injuries.

(3.) PW-2 (H. Rajan) gave Ext. PI F. I. statement before PW-8, (S. S. Firoz) the Sub-Inspector of Police who recorded the same and registered Ex.Pl(a) First Information Report. The subsequent investigation was conducted by PW-9, (K. A. John) the Circle Inspector of Police. After the investigation was over, final report was laid before the Judl First Class Magistrate-II, Kollam. The learned Magistrate committed the case to the Court of Session. When the accused appeared before the learned Sessions Judge, charge under Section 302 was framed against him after hearing both sides. He pleaded not guilty to the offence alleged against him.