FRANCIS JOY Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellants are the accused in Sessions Case No. 10 of 1987 on the file of the Additional Assistant Sessions Judge, Quilon. They were tried for offences punishable under S.323 & 307 read with S.34 of the Indian. Penal Code. The trial Judge convicted both of them under both the counts. For the offence under S.307 both were awarded rigorous imprisonment for eight years. The sentence for the offence under S.323 is rigorous imprisonment for six months. They were permitted to suffer the sentences concurrently.

(2.) On 21 4 1986 there was public examination for the Pre degree. PW 5, Principal, was Chief Examiner. He was late. PW 1, a Senior professor, was in charge. First accused, a pre degree student, had to sit for the examination. He did not take his hail ticket which is necessary for entry into the hall. He, therefore. met PW 1 in advance and sought entry without hall ticket. Not being sure of his identity, PW 1 wanted introduction and identification. First accused was unsatisfied and angry and he went away saying that he does not want to sit for examination. Shortly afterwards PW 7, another student known to PW 1, informed PW 1 about the identity of the first accused. PW 1, therefore, sent word through PW 7 to the first accused that he could come and sit for the examination. PW 7 came back and informed that the first accused is not interested. He did not sit for the examination.

(3.) Second accused is a friend of the first accused. At about 2.20 on the same day when PW 1 was moving to the office, both the accused came and stopped him Second accused questioned PW 1 on his action in the morning in refusing entry to the first accused. When he was about to answer, second accused slapped him on his face. First accused took out a dagger and stabbed PW 1 on his chest. Both went away in bicycles. The attack was in furtherance of the common intention of the accused to murder PW 1 on account of the enmity. This is the prosecution case.