UNNIKRISHNA PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal has been preferred by the appellant Unnikrishna Pillai challenging the verdict of the Additional Sessions Judge ­ VI, Kollam in S.C. No. 1289 of 2009 with C.P. No. 209 of 2009 arising out of Crime No. 724 of 2009 of Kottarakkara Police Station, by which he was found guilty for offence punishable under Sections 449 and 302 of the Indian Penal Code, 1860 (for short 'IPC') and was sentenced to suffer imprisonment for life and to pay a fine of Rs.25,000/- (Rupees Twenty Five Thousand only) with a default stipulation of rigorous imprisonment for one year for offence under Section 302 of IPC and further sentenced to suffer rigorous imprisonment for five years and to pay a fine of Rs.10,000/- (Rupees Ten Thousand only) with a default sentence of rigorous imprisonment for three months for offence under Section 449 of IPC. The fine amount, if realized, was directed to be given to the wife of the deceased (PW6) as compensation under Section 357(1) of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.). Substantive sentences were directed to run concurrently.

(2.) Case of the prosecution is as under: On 12/05/2009 at 03.30 P.M., the appellant had trespassed into the residence of his brother Vijayan Pillai bearing House No. 2/285, Manju Bhavan, Thurithiyambalam, Kulakkada Kizhakkemuri, Kulakkada Panchayath, with the intention to kill the said Vijayan Pillai and stabbed on his chest with a tapping knife and Vijayan Pillai succumbed to the injuries so sustained. Hence, the appellant thereby committed offences punishable under Sections 449 and 302 of IPC.

(3.) To prove the case, prosecution examined PW1 to PW16 as witnesses, marked Exts.P1 to P21 documents and identified MO1 to MO4 as relevant objects. After closure of prosecution evidence, the appellant was questioned under Section 313 of Cr.P.C. He denied all incriminating circumstances appearing against him and pleaded innocence. From the side of the defence, DW1 was examined and Ext.D1 is also marked.