STATE OF KERALA Vs. KAVULLAPURAYIL JOJU

JUDGEMENT

(1.) This appeal is filed by the State of Kerala challenging the judgment and order passed by the Additional Sessions Judge, Thalassery in S.C. No. 1022 of 2014 arising out of Crime No. 38 of 2000 of Chakkarakkal Police Station by which the sole accused was acquitted of all charges levelled against him.

(2.) The prosecution case is that on 17/02/2000 at 21.45 hours in Chembilode Amsom Koyyode Desom at Vengilod, at the bus waiting shelter on the western side of the Mowanchery-Chala P.W.D. Road, with the intention to commit murder of Sajeevan who was sitting in the waiting shelter, the accused/respondent stabbed on the left side of the neck of Sajeevan with a dagger, thereby causing his death and he uttered that he would do away with PW1 and PW11 who were with the deceased Sajeevan as they attempted to interfere and the accused/respondent waved the dagger against them causing grievous hurt to them also and hence he was charged with offence under Section 302, 307 and 326 of the Indian Penal Code, 1860 (for short 'IPC').

(3.) Prosecution examined PWs 1 to 13 as witnesses, marked documents Exts.P1 to P15 and identified MO1 to MO13.