BABY JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) Against the judgment of conviction and the order of sentence under Section 302 IPC in Sessions Case No. 607/2010, dated 27.06.2013, on the file of Sessions Court (Adhoc-I), Palakkad, the sole accused came up with this appeal.

(2.) One Saji @ Sajimon Jacob met with a sad death at his tender age of 28 years on 28.01.2008 at 10.00 a.m. in the hands of the accused who inflicted a stab injury on his chest with a knife after a scuffle, is the prosecution case. There is an earlier episode happened on the previous night in connection with the marriage of son/daughter of one Kunju at his house. His friends, relatives and neighbours assembled in his house. PW2 was also participated in the arrangements made in the house of Kunju on the previous night. During that night the accused trespassed into the bed room of PW2, the wife of PW9, and attempted to molest her. On the next day, when the accused came to the place of occurrence, the road in front of a tea shop, after sending his children to school, the deceased, who is the brother of PW2, confronted with him and had some heated exchange of words which has resulted in a scuffle. PW3, PW11 and CW2 were present in the said tea shop at that time. It is at that time the accused took a knife from his lap and inflicted a stab injury on his chest.

(3.) PWs 2, 3, 9 and 11 were examined by the prosecution in order to prove the complicity of the accused in the alleged crime. PW3 and PW11 are the occurrence witnesses. They are in agreement with what actually happened. PW2 and PW9 deposed about the earlier episode which was happened on the previous night. The accused, in answer to his examination under Section 313 Cr.P.C., 1973 submitted a written statement admitting the entire incident, but took a contention that he had inflicted injury on the victim by way of private defence as there was a massive attack on him by the victim along with three other persons.