BABU C.G. Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is preferred by the sole accused in S.C. No.267/2012 of the Additional Sessions Court-IV, Kottayam. The appellant stood for trial for the offences punishable under Sections 302 and 324 of the Indian Penal Code ('IPC' for the sake of brevity).

(2.) The learned Sessions Judge found the accused guilty of the offences punishable under Sections 302 and 324 IPC and was sentenced to undergo imprisonment for life and to pay a fine of Rs.50,000/- under Section 302 IPC and imprisonment for a period of three years for the offence punishable under Section 324 of the IPC. In default of payment of the fine, the accused shall undergo rigorous imprisonment for six months under Section 302 IPC.

(3.) The prosecution allegation, in brief, is that, on 18.09.2011 at about 8.45 p.m., the accused, Babu C. G., was playing cards at the rubber plantation, on the eastern side of the stage, wherein the Onam Celebration of Royal King Arts and Sports Club, Kunnelpeedika was performed. PW2, Devarajan, obstructed the game and due to this animosity, the accused attacked PW2. The prosecution further alleges that, on seeing the incident, the deceased Vijeesh intervened and attempted to save PW2 (Devarajan). In the meantime, the accused stabbed the deceased on his right shoulder joint causing a deep injury. The accused had also threatened the persons gathered by brandishing MO-1 knife. The prosecution further alleges that when PW3, Kiran Raju, attempted to catch MO-1 knife, the accused had also stabbed him on his left wrist and inflicted a stab injury on the right shoulder of PW4, K. K. Soman. Even though the deceased was taken to the hospital, his life could not be saved. Registration of Crime and Investigation