VISWANATHAN @ VISWAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal has been preferred by the appellant challenging the verdict of the Additional District and Sessions Court (Adhoc-II), Kollam dated 27/04/2013 in S.C. No.1166 of 2010 arising out of Crime No.325 of 2005 of Ezhukone Police Station by which he was found guilty for committing murder of one Thulaseedharan and one Surendran and was sentenced to undergo imprisonment for life and to pay a fine of Rs.1,00,000/- (Rupees One Lakh only) each with a default stipulation of rigorous imprisonment for two years. The two life sentences were directed to run consecutively. Fine amount, if realized, an amount of Rs.90,000/- (Rupees Ninety Thousand only) each was directed to be paid to Chandramathi, widow of Surendran and Remadevi, widow of Thulaseedharan as compensation under Section 357(1) of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.').

(2.) Prosecution case is that on 24/09/2005 at 12.00 P.M., out of the enmity entertained by the appellant herein against Thulaseedharan and Surendran on their engaging in propagating false stories against him, the appellant stabbed Thulaseedharan on his left chest thrice and also stabbed Surendran on his right chest, left hand muscle and on the right side of stomach with a knife with the intention to do away with them. The incident occurred at a ridge from Plakkodu towards Kadakkodu in front of the shop of CW3 situated at Munnoor in Karipra Village. The appellant was charged separately under Section 302 of the Indian Penal Code, 1860 (for short 'IPC') for murdering above-said two persons.

(3.) Prosecution examined PW1 to PW16 as witnesses, marked documents Exts.P1 to P19 and identified material objects MO1 to MO7. On closure of prosecution evidence, the appellant was questioned under Section 313 of Cr.P.C. to enable him to explain personally about incriminating circumstances appearing against him. He denied the allegations and stated that the deceased came to his courtyard and created problems. No evidence was adduced from the side of defence.