NOUSHAD Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellant was convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs.20,000/- for the offences punishable under S.302 of the Indian Penal Code by the Sessions Court, Thalassery in Sessions Case No.138 of 2001. The allegation was that due to personal enmity, on 1-5-1999 at about 6-00 p.m., he voluntarily caused stab injuries to one Narayanan with a deadly weapon like knife on his stomach and back at the public road situated on the back side of Badariya flour mill at Puzhathi amsom, Kunhipalli and the said Narayanan succumbed to injuries while undergoing treatment at the Medical College Hospital, Pariyaram on 4-5-1999.

(2.) Son of the injured, PW 1, gave Ext. P9 FI, statement before PW 15, Sub Inspector of Police, Kannur and he registered Ext. P9 FIR. PW 16 Circle Inspector of Police conducted investigation. According to the prosecution, the accused surrendered before the police at 9-00 p.m. on the same day with a bleeding injury on the right little finger. The deceased was aged 60 years at the time of the incident. PW 1, hearing about the incident, took the injured to the hospital. Ext. P1 is the wound certificate. Two serious injuries were noted in the wound certificate which are as follows:

(3.) PW 13, an independent witness and a resident of that place, was living 50 metres away from the place of incident. He deposed that while he was going home at about 6-00 p.m. on 1-5-1999, he found the accused running behind Narayanan with knife in his hand and stabbed on his back and Narayanan was again stabbed on his stomach with the knife. After the incident, the accused abandoned the knife at the place itself and Narayanan was taken to the hospital. In cross examination also, he repeated the same version and he withstood the cross examination and there was no material contradiction in the evidence of PW 13. PW 14 is another witness. He is the father of PW 13. While he was chit chating with another person on the road at Pulimukku, the accused was found with knife in his hand. After sometime, he heard the cry and when he reached the place, the deceased received stab injuries and the accused was found running after abandoning the knife at the place. He has not seen the actual infliction of injury. He also deposed that PWs 1, 2 and Asokan were there and the injured person was immediately taken to the hospital. Ext. P5 is the scene mahazar. MO1 was recovered from the place of incident.