BABU Vs. STATE OF KERALA

JUDGEMENT

(1.) Fratricide is the heinous act alleged to have been committed by the appellant. Under the impression that his younger brother was having an illicit affair with his wife, the appellant is alleged to have butchered the deceased in the presence of their sister. This, in short, is the case against the appellant who challenges the finding of guilt, conviction and consequent sentence to undergo Imprisonment for life and to pay a fine of Rs. 10,000/ - with a default clause to undergo rigorous imprisonment for a period of one year for the offence punishable under Sec. 302 of the IPC.

(2.) The prosecution case, as is revealed from the evidence and materials are as follows: - -

(3.) The court before which the final report was laid took cognizance of the offence and finding the offence to be exclusively triable by the Court of Sessions committed the case to the Court of Sessions, Kozhikkode under S.209 of the Cr.P.C., after complying with the legal and procedural formalities. The said court made over the case for trial and disposal to the Court of the Special Additional Judge (Marad Cases) for trial and disposal The latter court, on receipt of the records and on appearance of the accused before the said court framed charge for the offence punishable under Sec. 302 of the IPC.