SUNIL KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant was the accused in S.C. No. 621 of 2002 on the files of the learned Sessions Judge, Thrissur. He was found guilty for the offence under Section 302 of the Indian Penal Code, (for short, "the I.P.C.") and sentenced to undergo imprisonment for life. Feeling aggrieved by the conviction and sentence, this appeal is preferred by him.

(2.) The case of the prosecution in brief was that, on 8.6.2003 at about 5.30 p.m. at Karayampadam under the jurisdiction of Varanderappally Police Station, the appellant stabbed one Shibu @ Kannan with a knife on his chest and the injured succumbed to the injuries while being taken to the Elite Hospital, Thrissur. There was dispute between the local people and the lorry drivers regarding the plying of lorries through Karayampadam Road. The road was in a bad shape and the plying of the heavy vehicles was causing nuisance to the people and was dangerous to the life of the children using the road. So, the local people started causing obstructions to the vehicles from the noon of 8.6.2003. At about 5.00 p.m. one Pushpakaran came in a lorry and the deceased Shibu and others obstructed the lorry. Later, the lorry was let off. After a few minutes, another lorry by name, 'Chitira', came through the said road. The deceased Shibu and others obstructed the said vehicle also. While so, the appellant came there and intervened against the obstruction. There was exchange of words between the appellant and the deceased and his friends. Later, the said vehicle was also let off. One Mallika, the aunt of the appellant, came there and persuaded him to go to her house, which was on the southern side of the road. The appellant went to the house of his aunt, came out with a knife and stabbed on the chest of Shibu. On receiving the stab injury, Shibu fell down. Though the other persons at the scene of occurrence tried to prevent the appellant from fleeing, he waived his knife and managed to escape. Though the injured Shibu was taken to the hospital, he breathed his last in the vehicle while being taken to Elite Hospital, Thrissur.

(3.) The First Information Statement was lodged on the same day at about 11 p.m. by PW.4 before the Varandarappally Police Station and a crime was registered as Crime No. 92 of 2003. The First Information Report, sent to the Magistrate's Court, was received in the court at 10.30 a.m. on the next day. PW.11, the investigating officer prepared the Scene Mahazar, questioned the witnesses, completed the investigation and laid the charge. The learned Magistrate committed the case for trial to the Sessions Court.