BINU Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused in S.C.147/1999 on the file of the Additional Sessions Court (Adhoc-I), Kollam, is the appellant herein. The appellant was charge-sheeted by the Sub Inspector of Police, Karunagappally police station in Crime No.144/1998 under Section 307 of the Indian Penal Code.

(2.) The case of the prosecution in nut shell was that, on 17.03.1998 at about 8.30 p.m., the accused on account of his previous enmity with the defacto- complainant with an intention and knowledge to cause death, inflicted as stab injury with a knife on the left side of his abdomen below navel causing grievous hurt, from the southern side of the public road in front of the Kozhissery Mahavishnu Temple in Vadakkum mury of Karunagappally Village and thereby he had committed the offence punishable under Section 307 of the Indian Penal Code.

(3.) After investigation final report was filed before the Judicial First Class Magistrate Court, Karunagappally, where it was taken on file as C.P.61/1998. After complying with the formalities learned magistrate committed the case to Sessions Court, Kollam, under Section 209 of the Code of Criminal Procedure (hereinafter called the Code). After committal, the case was taken on file by the learned Sessions Judge as S.C.No.147/1999 and it originally made over to Principle Assistant Sessions Court, Kollam and thereafter it was withdrawn and made over to Additional Sessions Court (Adhoc-I), Kollam, for disposal.