ELDHOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in this case, who is the father of PW 3 and the husband of PW 2, was put in the dock and tried for the offence punishable under Ss. 302 and 307 of the IPC. He was found guilty on both counts. Accordingly, he was convicted for the offence and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 75,000/ - with a default clause of rigorous imprisonment for one year for offence under Sec. 302 IPC and he was also directed to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 10,000/ - with a default clause of six months' rigorous imprisonment for offence punishable under Sec. 307 of the IPC. The Court below also ordered that the sentence shall run concurrently. It has further ordered that if the fine amount is realised, Rs. 75,000/ - shall be paid to the parents of the deceased under Sec. 357(1)(b) of the Cr.P.C. as compensation. Further direction was that in case the appropriate Government seeks to exercise the powers under Ss. 432 and 433 of the Code of Criminal Procedure, the benefit of set off shall be provided to the accused.

(2.) The prosecution Unfurls the story thus:

(3.) According to the prosecution allegation, on hearing the cry, the accused landed on the spot with a knife and stabbed on the chest of the deceased who was standing in front of PW 1. Suffering the injury the deceased ran towards the road and fell on the steps leading to the road. Blood was flowing from the injury. The accused turned towards PW 1 and tried to attack him which he warded off; but in the process he sustained injuries on his fingers of his left hand. PW 1 ran towards the road for saving his life. It is further stated that, then PW 1 happened to see the accused kicking the deceased Sujith, who had fallen on the steps, to the road. The police immediately came to the spot and the deceased was taken in the police jeep and shifted to the hospital. By that time, the vehicle used by the High way patrol police reached the spot and PW 1 was carried to the Adimaly Taluk Hospital. After getting preliminary treatment from that hospital, he was sent to Kolenchery Medical Mission hospital for better management. Initially, PW 1 was attended to by PW 26 who issued Ext. P26 wound certificate. Later while undergoing treatment in the Medical Mission Hospital at Kolencherry, PW 1 learnt that his friend was no more. Getting information about the incident, PW 24 the Assistant Sub Inspector of Police, Adimaly police station, reached the Medical Mission hospital and recorded Ext. P1 FI statement furnished by PW 1 from the casualty ward. Based on the said FI statement, Ext. P23 FIR was registered.