SHANU Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal has been filed by the appellant challenging the judgment of conviction and order of sentence dated 26.10.2013 passed by the 1st Additional Sessions Judge, Thrissur in S.C. No. 524 of 2006 by which he was found guilty for offence under Section 302 of the Indian Penal Code, 1860 (for short 'IPC') and sentenced to undergo imprisonment for life and a fine of Rs. 50,000/- (Rupees Fifty Thousand only) in default of which to undergo rigorous imprisonment for 6 months.

(2.) Prosecution allegation is that, on 28.03.2005, at about 10.00 a.m., the appellant committed murder of Krishnankutty, his father's younger brother. The motive for the alleged crime was that the deceased Krishnankutty had objected the appellant in going to Gulf countries. According to the prosecution, while Krishnankutty was travelling in a motor cycle bearing no. KL-08 AD 716 and as he reached near the house of Krishnanand in Ullas Nagar, Pakarappilly Sastha Temple Road, the appellant Shanu @ Shibu with a chopper inflicted cut injuries indiscriminately on him and that resulted in his instantaneous death.

(3.) Prosecution examined PWs 1 to 19 as witnesses, produced documents Exts P1 to P28 and marked MOs 1 to 12.