UNNIKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The above Crl.Appeal arises out of the conviction and sentence imposed in Sessions Case No.518/2010 by the Ist Additional Sessions Court, Ernakulam, against accused No.1 and 2 therein, who are respectively the appellants 1 and 2 herein. The appellants were found guilty of offence under Section 302 read with 34 of the Indian Penal Code (IPC) and were convicted and sentenced to undergo imprisonment for life and a fine of Rs.25,000/ - each and in default to undergo rigorous imprisonment for 3 months each.

(2.) The prosecution case is that, on 25.01.2009 at about 3:30 p.m. in furtherance of their common intention to commit murder of one Sri.Baby, both the appellants have inflicted cut and stab injuries on the head, stomach and different other parts of the body of the deceased with MO2 chopper and with MO1 knife at a public road, namely Kaniyalippady -Thirumaradi Road and the deceased died on 10.04.2009 at about 5:30 a.m, while undergoing treatment at the Medical College Hospital, Kottayam.

(3.) Evidence adduced before the trial court on behalf of the prosecution consists of oral testimony of PW1 to PW21, Exhibits P1 to P18 documents marked and MO1 to MO6 material objects identified. A court witness was examined as CW1. D1 and D2 are the Exhibits marked on behalf of the appellants.