JOHNSON Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal has been preferred by the appellant challenging the judgment of conviction and order of sentence passed by the 5th Additional Sessions Judge, Ernakulam in S.C. No. 90 of 2014 dated 20/09/2014 by which the appellant was found guilty for offence under Section 302 of the Indian Penal Code, 1860 (for short 'IPC') and was sentenced to undergo imprisonment for life and to pay a fine of Rs.10,000/- (Rupees Ten Thousand only) with a default stipulation of simple imprisonment for one year.

(2.) The case of the prosecution is that the appellant and the deceased were brothers and were residing together in the house of the deceased situated at Santhom Colony, near Chirakkapadam thodu, Mundanveli kara, Thoppumpady, Rameswaram Village. On 16/07/2013 at about 11.45 P.M., due to previous enmity, the appellant herein inflicted stab injury with the neck of a broken beer bottle twice on the belly and twice on the back of the neck of the deceased George Xavier who was none other than the brother of the appellant and the injured succumbed to the injuries on 21/07/2013 at hospital and thereby caused his death.

(3.) Prosecution examined PW1 to PW13 as witnesses, marked documents Exts.P1 to P18 and identified material objects MO1 to MO5. During 313 examination, the appellant denied all evidence tendered against him and pleaded innocence. He filed a detailed written statement under S.313(5) of the Code of Criminal Procedure, 1973 (for brevity 'Cr.P.C.'). No evidence is adduced from the side of the defence.