BABU Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in SC No.82/2002 on the file of the Additional Sessions Court, (Adhoc-I) Kottayam is the appellant herein. The appellant was charge sheeted by the Sub Inspectorof Police,Kanjirappally in Crime No.31/2001of Mundakkayam Police Station under Sections 447 and 307 of the Indian Penal Code.

(2.) The case of the prosecution in nutshell was that on 13.2.2001, at 7 pm, the accused was armed with dangerous weapon and chopper and criminally trespassed into the court yard of the eastern side of the house of PW1 with an intention to murder her and inflicted injuries on her back with a chopper and caused fatal injury to her and thereby he had committed offence punishable under Sections 447 and 307 of Indian Penal Code.

(3.) After investigation, final report was filed before the Judicial First Class Magistrate Court, Kanjirappally, where it was taken on file and thereafter it was committed to the Sessions Court, Kottayam by the learned Magistrate under Section 209 of the Code of Criminal Procedure (hereinafter referred to as the Code). After committal, the learned Sessions Judge took cognizance of the case as SC No.82/2002 and thereafter, it was made over to Additional Sessions Court (Adhoc-1) Kottayam for disposal.