BALAKRISHNAN ALIAS BALAPPAN Vs. STATE

JUDGEMENT

(1.) ACCUSED 1 & 2 in Sessions Case No. 4 of 1958 on the file of the Sessions Court, Ernakulam are the appellants. They are brothers. The first accused was convicted under S. 304 Part 1 and 326 of the indian Penal Code for causing the death of one Krishnan by stabbing him with a knife and for causing grievous hurt to Pw. 1 and sentenced to rigorous imprisonment for seven years for the former offence and three years for the latter, the sentences being directed to run concurrently. The second accused was convicted under S. 324 of the Indian Penal Code for having caused hurt to pw. 4 by hitting him with an iron rod.

(2.) THE prosecution case is as follows:

(3.) FROM the prosecution evidence and the defence plea, the authorship of the injuries on Pw. 1 and the deceased is clearly fixed on the 1st accused. The dispute is only as regards the circumstances under which the injuries were inflicted.