MANIKANDAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an appeal intending to challenge the verdict of the Court of Session, Kozhikode Division in S.C. No.364 of 2008 dated 31/03/2014 on C.P. No. 3 of 2008 arising out of Crime No. 297 of 2005 of Nadakkavu Police Station. The appellant herein who is the sole accused in the said case 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 amount of Rs. 25,000/- (Rupees Twenty Five Thousand only) in default of payment of which to suffer rigorous imprisonment for one year for the said offence.

(2.) Prosecution case is that on 14/09/2005 at about 09.45 a.m., the appellant/accused due to previous enmity he entertained against the deceased Sabu on the reason that his father was murdered by the father and mother of Sabu, with the intention to kill said Sabu, inflicted cut injuries on Sabu using a chopper (koduval) at the premises of Delux Petrol Bunk situated near KSRTC bus stand at Kozhikode where the deceased was an employee.

(3.) From the side of the prosecution, PW1 to PW24 were examined as witnesses, Exts.P1 to P29 documents were marked and MO1 to MO10 were identified as material objects. After closing of prosecution evidence, the appellant was questioned generally on the case of the prosecution by the learned Sessions Judge and recorded his explanation. The appellant denied all incriminating circumstances against him and stated that he was called from his house to the police station through a police constable from Kasaba Police Station on the previous day of Onam. On reaching police station, he came to know that a case is foisted against him. The appellant did not adduce any evidence from his side.