MUHAMMED ASHRAF @ BAVA Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is preferred by the appellant against the conviction and sentence passed by the learned Additional District and Sessions Judge I, Manjeri in S.C.No. 187/2015 on the file of C.P. No. 78/2013 arising out of Crime No. 1300/2012 of Kondotty Police Station. The appellant is found guilty for offence punishable under Section 302 of the Indian Penal Code, 1860 (45 of 1860) and sentenced to undergo imprisonment for life and to pay a fine of Rs. 50,000/- (Rupees Fifty Thousand only) with a default stipulation of two years rigorous imprisonment.

(2.) It can be seen that initially the case had been numbered as S.C.No. 128 of 2014 and trial was conducted. After the conclusion of the trial, this case was kept in Long Pending Register on the basis of reports from jail authorities and Mental Health Centre, Kozhikode that the appellant was suffering from mental illness. Subsequently, on receipt of the report from Mental Health Centre that the appellant was fit to face the trial, the case was renumbered as S.C.No. 187/2015 and further proceeded.

(3.) The prosecution case is that, on 13/12/2012, at about 5.15 p. m., the appellant with the intention to commit murder, inflicted severe cut injuries on his own sister Asya, using a chopper, in the courtyard of their parental house (tharavadu house) bearing House no. VI/23 of Pulickal Panchayath (Old VI/25), Koottimoochikkal within the local limits of Kondotty Police Station.