VISHNU S/O VALSALAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal has been filed by the appellant challenging the verdict of the Sessions Judge of Thrissur in S.C. No. 496 of 2012 by which he was found guilty for the offences under Sections 143, 147, 148 and 302 of the Indian Penal Code, 1860 (for brevity 'IPC') and also for offences under Sections 341, 324 read with Section 149 of IPC and was sentenced to undergo imprisonment for life and a fine of Rs. 1,00,000/- (Rupees One Lakh only) in default of which to undergo simple imprisonment for two years for the offence u/s 302 of IPC, rigorous imprisonment for six months for offence u/s 143 of IPC, rigorous imprisonment for one year u/s 147 of IPC, rigorous imprisonment for two years for offence u/s 148 of IPC, rigorous imprisonment for one month u/s 341 r/w S.149 of IPC, rigorous imprisonment for two years for offence u/s 324 r/w S.149 of IPC with default stipulation of simple imprisonment for six months. Accused nos. 2 to 5 were also sentenced to above offences except for S.302 of IPC and no appeal is preferred by them.

(2.) The prosecution case is that, accused persons, five in number, including the appellant formed into an unlawful assembly on 19.01.2012 at about 10.00 p.m., with weapons such as knife and they restrained wrongfully the deceased Sharon who was travelling in a motor cycle and that one among them stamped on the motor cycle and manhandled deceased Sharon and that the appellant herein using a knife, stabbed on the chest of the deceased Sharon and subsequently, the deceased succumbed to injuries.

(3.) Prosecution examined PWs 1 to 19 as witnesses, marked Exts. P1 to P47 and identified material objects MO1 to MO8. When the incriminating evidences were put to the accused, they denied them and pleaded innocence. Defence examined DW1 to DW3 and marked Exts.D1 to D9 contradictions.