(1.) The accused in S.C.No.166/2007 on the file of the Additional Sessions Judge (Adhoc-I), Ernakulam and convicted for the offence Under Sections 302, 449 and 326 of Indian Penal Code (for short 'IPC') is the appellant herein. He is sentenced to undergo imprisonment for life for offence under Section 302 IPC and to pay a fine of Rs. 1,00,000/- and in default, to undergo rigorous imprisonment for five years. For the offence under Sections 449 and 326 IPC, he is sentenced to undergo Rigorous Imprisonment (RI) for five years each and also to pay a fine of Rs. 5,000/- and Rs. 15,000/- respectively and in default of which to undergo RI for one year each.
(2.) On 06/09/2006, Ms.Laya, daughter of PW1, while sleeping in her house was stabbed on her chest, neck, abdomen and all over her body with a knife. She died instantaneously. When her younger brother, Lijil sleeping in the same room woke up and tried to resist, he was also stabbed, inflicting injury on his hands and legs and he suffered grievous injuries.
(3.) The case set up by the prosecution was that, on the fateful day, i.e., on 06/09/2006, at about 4 a.m, the appellant trespassed into the residential house of PW1, committed murder of Laya and inflicted grievous injuries on Lijil. He had done the criminal acts due to the animosity and frustration developed against Laya, since she rejected his desire to marry her.
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