SREEKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The above-captioned appeal has been preferred by the appellant, who is the sole accused in S.C.No. 186 of 2012 on the file of the III Additional Sessions Court, Thrissur. In the said case, he was tried for having committed an offence punishable under Sec. 302 of the IPC. By the impugned judgment, the appellant was found guilty of the offence punishable under Sec. 302 of the IPC, and he was sentenced to undergo imprisonment for life and to pay a fine of Rs.1,00,000.00 with a default clause.

(2.) According to the prosecution, the accused and the deceased, a 19-year-old youth by name Abhilash, were neighbours and were well acquainted with each other. The prosecution case is that the accused had earlier entrusted a memory card to Abhilash, which was allegedly not returned. Owing to the grievance arising from the non-return of the memory card, the accused confronted Abhilash on 13/4/2011 at about 9.30 p.m. and demanded its return. It is alleged that an altercation ensued between the two, and the persons present at the scene intervened and separated them. The prosecution allegation is that immediately thereafter, the accused rushed towards Abhilash and inflicted a stab injury on his chest. The injured was immediately taken to the hospital for treatment. However, he succumbed to the injuries sustained and was declared dead by the attending doctors.

(3.) On the basis of the information furnished by one Manikuttan (PW1), an alleged eye-witness, at about 10:55 p.m. on 13/4/2011, Ext.P1 FI statement was prepared, and on its basis Ext.P10 FIR was registered at 11:30 p.m. as Crime No. 446 of 2011 for the offence punishable under Sec. 302 of the IPC. The appellant is shown as the accused in the FIR.