RADHAKRISHNAN@SUNDARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal has been filed against the judgment dated 31.1.2018 in S.C.No.297/2017 of the Additional Sessions Judge-III, Manjeri whereby the learned Sessions Judge convicted and sentenced the appellant to undergo imprisonment for life and to pay a fine of Rs.5,000/- in default to undergo rigorous imprisonment for a period of one month more for the offence punishable under Section 302 of the Indian Penal Code (hereinafter referred to as the 'IPC').

(2.) Brief facts:- Rajan, the deceased in this case was a neighbour of the accused and they were at loggerheads ever since he made an attempt to outrage the modesty of mentally challenged wife of the accused. Out of the aforesaid enmity, the accused with an intention to do away with the victim, on 11.2.2011, at about 20 hours at a place called Vallappuzha S.T. Colony of Nilambur Amsom, more particularly at a place 6.75 metres South-East to the house of the victim having building No.IX-505 of Nilambur Grama Panchayat, fatally inflicted stab injuries on the chest with MO2 weapon and thereafter the victim succumbed to the injuries.

(3.) For the occurrence in question, Ext.P1 First Information Statement was lodged by PW1. Admittedly, PW1 is the brother-in-law of the deceased. He stated that during the relevant period, he was residing in his matrimonial home for the convenience of his employment.