VINAYACHANDRAN Vs. YASODHAMMA

JUDGEMENT

(1.) The appeal on hand challenges the verdict passed by the Additional Sessions Court, Alappuzha in S.C. No.615 of 2012 with C.P. No.53 of 2011 of Judicial First Class Magistrate Court -II, Cherthala arising out of Crime No.194 of 2011 of Poochakkal Police Station by which appellants Vinayachandran and Yasodamma were found guilty for offence under Sections 447, 114 and 302 read with Section 34 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) in default to undergo simple imprisonment for six months and also sentenced to suffer simple imprisonment for three months under Section 447 of I.P.C. No separate sentence is awarded for offence under Section 114 of I.P.C. The sentences were directed to run concurrently.

(2.) 1st accused is the son of 2nd accused. The 2nd accused used to quarrel with the deceased Sathi. Due to this hatred, both accused with the intention of murdering Sathi, trespassed into the courtyard of Tharayilveedu in which Sathi was residing and thereafter the 1st accused stabbed on the chest and abdomen of Sathi with a dagger. Sathi died due to the said injuries. Both accused were charged for offence under Sections 447, 114 and 302 read with Section 34 of I.P.C.

(3.) Prosecution examined PW1 to PW22 as witnesses, Exts.P1 to P30 documents were marked and MO1 to MO10 material objects were identified. On questioning under Section 313 of the Code of Criminal Procedure Code, 1973 (for short 'Cr.P.C.'), both accused denied all incriminating circumstances levelled against them and pleaded innocence. DW1 is examined from the side of defence.