MADHU, S/O KUTTAPPAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused came up with this appeal against the judgment of conviction and order of sentence under Section 302 of the Indian Penal Code in S.C.No.240 of 2009, on the file of the Court of the IVth Additional Sessions Judge (Adhoc-II) , Thodupuzha, dated 27.4.2012.

(2.) The nut shell of the prosecution case is that by 8.45 p.m. on 3.10.2004 the accused inflicted an injury on the chest of deceased Shaji Mathew after wordy altercation and scuffle and he succumbed to the injuries. Ext.P1(a) FIR was registered by PW33 Assistant Sub Inspector of Police based on Ext.P1 FIS. PW41, Circle Inspector of Police, Kattappana took investigation. The appellant/accused surrendered before the police with a knife on 7.10.2004. On the application of PW28 and PW29, the mother and wife of the accused, the investigation was taken over by CBCID, Idukki Division. PW34, PW36, PW42 and PW37 conducted investigation and lastly final report was submitted alleging offence against the accused under S.302 IPC.

(3.) Altogether 42 witnesses were examined by the prosecution and got marked Exts.P1 to P40 and identified MO1 to MO4. The documents marked from the defence side comes to Exts.D1 to D7. The learned Sessions Judge found the accused guilty of offence punishable under S.302 IPC and convicted him thereunder and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rupees one lakh, in default to undergo rigorous imprisonment for two years. The above said judgment of conviction and order of sentence is under challenge.