SULFIKKAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The appeal is filed by the accused in Sessions Case No.108/11 of the Additional District and Sessions Judge-V, Kollam by which he was convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs.25,000/- for the offence u/s 302 of IPC. In default of payment of fine, he has to undergo rigorous imprisonment for 5 months.

(2.) The deceased in the case is Latheef who suffered stab injuries on 3/12/2008 at 9.40 p.m. While he was taken to the hospital, he died. The prosecution allegation is that the accused and deceased were members of NDF. The accused shifted his affiliation to another political party and joined Kerala Congress (Mani group). There was altercations between them and on 3/12/2008, due to the said enmity, the accused came with a knife and inflicted stab injuries on the left side of the chest, left thigh and other parts of the body of the deceased. Though the deceased was taken to St.Joseph Hospital, Anchal, he died. Crime No.351/08 was registered by the Station House Officer of Kulathupuzha Police Station and final report was filed before the Judicial First Class Magistrate Court, Punalur which was made over to the Sessions Court. The charges were framed. The accused denied having committed the crime. To establish the prosecution case, PW1 to PW15 were examined. Prosecution relied upon Exts.P1 to P20 documents and MO1 to MO13 were the material objects produced and identified. The defence placed reliance on Exts.D1 to D3 and the oral testimony of DW1 to DW3. After completing the procedural formalities, the trial Court convicted the accused as stated above.

(3.) We heard the learned counsel for the appellant Sri.R.Rajesh and Sri.S.U.Nazar, the learned Senior Public Prosecutor who appeared on behalf of the State.