MUHAMMED NOUSHAD PANGINIKKADAN HOUSE Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal has been preferred by the appellant/accused challenging the judgment of conviction and order of sentence passed by the 2nd Additional Sessions Judge, Kozhikode in S.C. No. 209 of 2012 by which he was found guilty under Section 302 and Section 307 of the Indian Penal Code, 1860 (for short 'IPC') and sentenced to undergo imprisonment for life for offence under Section 302 of I.P.C. and also to undergo rigorous imprisonment for five years for offence punishable under Section 307 of IPC.

(2.) The case of the prosecution is that Basheer (deceased herein) and PW2 Aboobacker were close friends. Basheer was an autorickshaw driver and PW2 was a cook by profession. On 12/09/2011, the deceased and PW2 were together in the autorickshaw of the deceased since 3.00 pm. PW2 joined Basheer at Thamarassery Chungam for giving him company. They together had lunch at Thamarassery and thereafter they spent about two hours there to prepare certain documents of the autorickshaw belonging to the deceased. Thereafter they went to the native place of PW2 which is named '26 miles'. By 06.45 p.m., they went to Chemparapatta river and had a bath. Thereafter, they proceeded towards Kaithapoyil in the autorickshaw. On the way, they stopped at the shop of PW1 at Kallappuram junction by 07.45 p.m., to buy cigarettes. The deceased got out of autorickshaw and bought a cigarette from the shop of PW1 and lit it. The accused/appellant was standing near the shop of PW1 from 4.00 p.m. onwards. After purchasing cigarette, the deceased turned back and proceeded towards the autorickshaw. At that time, accidentally he hit on the body of the accused/appellant. Deceased and accused/appellant had exchange of words and an altercation ensued there. While so, the accused/appellant stabbed on the chest and abdomen of the deceased with MO1 knife. Seeing this, PW2 rushed to them and tried to intervene. The accused/appellant with the very same knife stabbed on the right side of the neck of PW2 also. The deceased fell on the road. PW2 screamed. Hearing the screaming of PW2, some people from the locality rushed to the spot. The accused ran towards Kannoth road. Somebody telephoned for ambulance and one driven by PW3 came there and both victims were taken to hospital.

(3.) Prosecution examined PWs 1 to 30 as witnesses, marked documents Exts. P1 to P24 and identified MOs 1 to 14. During 313 questioning, the appellant/accused denied all the incriminating circumstances and pleaded innocence. He stated that there was altercation between him and the deceased as well as PW2 in front of the shop of PW1 at the relevant time and in the course of the said altercation, he fell down and when the deceased and PW2 made an attempt to attack him they sustained the injuries. According to him, PW2 and the deceased were well built and they were the aggressors. Alternatively, the appellant/accused pleaded right of private defence as well. No defence evidence was adduced.