RATHEESHKUMAR @ BABU Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused No.1 in SC No.490/2008 of the Additional Sessions Court, Adhoc-III (Fast Track Court-III) Palakkad has preferred this appeal challenging judgment dated 10/5/2013 by which he was found guilty, convicted and sentenced to undergo imprisonment for life for the offence punishable u/s 302 I.P.C. and to pay a fine of Rs. 10,000/- and rigorous imprisonment for a period of one year for the offence u/s 324 I.P.C. The victim's legal heir has been impleaded as an additional respondent and she has also filed a separate appeal as Crl.Appeal (V) No.1464/2013 against the judgment acquitting the second accused from the charges levelled against him.

(2.) The prosecution alleged that the deceased and the accused 1 and 2 were neighbours. The deceased was building a fence through the boundary of his property. At about 12.45 p.m on 6/4/2007, when the deceased came to inspect the fence, the 2nd accused asked him not to extend the fence to his property. Both of them had a quarrel. The 2nd accused grabbed the deceased by his neck and suddenly the first accused who was sitting in his house came running, took out a knife which was concealed in his waist and stabbed the deceased on the chest and right ribs causing grievous injuries. The deceased collapsed and fell down. Though he was taken to the hospital, he died on account of the said injuries. Hence, the case was chargesheeted against them u/s 302, 324 r/w 34 I.P.C.

(3.) The accused pleaded that they were not guilty of the offence charged and to prove the case prosecution examined PW1 to PW17 and marked Exts.P1 to P27. The material objects produced and proved were MO1 to MO7. The accused examined 4 witnesses as DW1 to DW4 and placed reliance upon Exts.D1 to D26. After completing the procedural formalities, the Sessions Court acquitted the 2nd accused and convicted the 1st accused as stated above.