ROBINSON S/O YOHANNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal has been preferred by the appellant Robinson challenging the judgment of conviction and order of sentence passed by the 2nd Additional Sessions Judge, Thiruvananthapuram dated 24/07/2014 by which he was found guilty for offence under Section 302 of the Indian Penal Code, 1860 (for brevity 'IPC') and was sentenced to undergo imprisonment for life and to pay a fine of Rs. 2,00,000/- (Rupees Two Lakhs only) with a default stipulation of rigorous imprisonment for one year.

(2.) Prosecution case is that on 03/02/2009 at about 06.15 A.M. the appellant herein who was the watchman of Christhu Jyothi English Medium School, with the intention to cause death of Shijumon, stabbed Shijumon on his front side of the neck, left side of chest, stomach, left side of navel etc., due to his previous enmity towards the victim Shijumon owing to the difference of opinion between the appellant and the victim relating to the filling of diesel in the school bus bearing number KL-16 C 475 the driver of which was the victim herein. The place of occurrence is the compound of Christhu Jyothi English Medium School, Thazhnnamala. The victim succumbed to the injuries on next day at 07.15 A.M.

(3.) Prosecution examined PW1 to PW18 as witnesses, marked Exts.P1 to P28 documents and identified MO1 to MO17 objects. Exts.D1 to D5 contradictions were marked by the defence while examining prosecution witnesses. During 313 examination, the appellant denied all incriminating circumstances and pleaded innocence. No evidence is adduced from the side of defence.