ANTONY, S/O.ANTHONY Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is filed by the appellant challenging the conviction and sentence passed against him by the Second Additional Sessions Judge, Ernakulam in S.C. No. 670/2011 of C.P. No. 35/2011 arising out of Crime No. 138/2011 of Kalady Police Station.

(2.) The appellant herein was chargesheeted for offences under Section 302 of the I.P.C and found guilty by the Trial Court and was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 1,50,000/- (Rupees One Lakh and Fifty Thousand only) and in default to undergo rigorous imprisonment for one year.

(3.) The prosecution case is as follows: The deceased Sri.Jose, a driver by profession and the accused Sri.Antony, a coolie are residents of Naduvattom of Ernakulam district. On 17/02/2011, at about 8.15 p.m., both of them indulged in an altercation near Naduvattom Junction. During that time, Jose had manhandled the accused. After sometime, at about 8.45 p.m. the accused on account of the enmity owing to the earlier incident, stabbed at the right chest of Jose using a knife with the knowledge that the injury so caused to the deceased would result in his death. The injured was taken to the hospital, but he succumbed to the injuries on the same day at 11.45 p.m.