MOHANRAJ, S/O SUNDHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal has been filed by the appellant, who is the sole accused in S.C. No. 606 of 2012 of the Court of the Additional Sessions Judge, Palakkad Division at Ottappalam, challenging the judgment of conviction and order of sentence passed by the said Court, by which the appellant is found guilty for offence under Section 302 of the Indian Penal Code, 1860 (for short, 'IPC') and sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/- (Rupees Ten Thousand only) with a default stipulation of one year.

(2.) The prosecution case, in brief, is that, on 28/02/2010, at 12.30 p.m., the appellant quarreled with the deceased Girish Kumar in the tailoring shop of the appellant namely 'Imberiyal' in room no. 915 of ward no. IV of Agali Gramapanchayath, situated at Goolikadavu, on the first floor of K.V.K. Building since the deceased suspected that the accused had made an allegation that the deceased and a lady employee who had been working in the shop of the appellant was having illicit relationship. During the said quarrel, the appellant with the intention of murdering Girish Kumar, stabbed him on the left side of his neck with a scissors and thereby committed the murder of Girish Kumar.

(3.) Prosecution examined PWs 1 to 14 as witnesses, marked documents Exts.P1 to P20 and identified MO1 to MO8. No defence evidence was adduced. However, Ext.D1 contradiction is marked at the time of the cross-examination of PW2. In 313 examination, the appellant denied the incriminating evidence against him and pleaded innocence.