SIBI AUGUSTIAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal has been filed by the appellant challenging the judgment of conviction and order of sentence passed by the Additional Sessions Judge - IV, Palakkad in S.C. No. 49 of 2010 by which he was found guilty for offences under Sections 302 and 324 of the Indian Penal Code, 1860 (for brevity 'IPC') and was sentenced to undergo imprisonment for life and to pay a fine of Rs. 6,00,000/- (Rupees Six Lakhs only) in default of which to undergo rigorous imprisonment for a period of three years for offence punishable under Section 302 of IPC and further to undergo rigorous imprisonment for three years for offence punishable under Section 324 of IPC.

(2.) The prosecution case in short is as under: The appellant and the deceased were brothers. Their father executed two Wills in the favour of the appellant and his siblings with reference to separate items of properties. The properties set apart to them as per the second Will were not adjoining to the properties bequeathed to them as per the first Will. Hence, there was an understanding among them that property adjacent to the one which was given to the respective parties could be taken by them for cultivation. The appellant wanted to sell his property which was in the name of his brother Thomas @ Kunjukunju, who is the deceased herein. When he approached Thomas for registration of the said property, the latter declined it. Due to the said conduct of Thomas, the appellant become inimical towards Thomas. On 14/09/2009, at around 08.00 p.m., the appellant, armed with a knife, with an intention to do away with Thomas, reached the deceased's house III/427 in Karimba Panchayath at Moonekkara and demanded that the property be registered in his name and it resulted in a tussle between the two. The appellant dragged Thomas out of the house to the courtyard and stabbed on the left side of his chest with a knife. On seeing the incident, PW2, the wife of the deceased, reached the spot and remonstrated with the appellant upon which he stabbed her on the abdomen causing injuries with the intention of killing her. Both Thomas and his wife were admitted in the hospital. Subsequently, Thomas succumbed to the injuries and hence the appellant was charged for having committed the aforesaid offences.

(3.) Prosecution examined PW1 to PW19, marked documents Exts.P1 to P23 series and identified MO1 to MO16.