BIJU Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the accused in S.C.No.26/204 on the file of the Sessions Court, Kottayam. The above case is chargesheeted against the appellant by the Kaduthuruthy Police alleging the offence punishable under Section 302 IPC.

(2.) The prosecution case in brief can be summerised like this: On 26.5.2002 at about 7.30 pm, PW3 heard a commotion from the bye-lane situated near his shop. He went to the place and found that deceased and the accused exchanging words and entering into a scuffle. PW3 asked them to leave the place. They left that place. Thereafter, PW3 closed his shop and was on his way to his house. When he reached near the Lotus Hotel, he again heard sounds of the accused and the deceased. He went to the place and found the deceased lifting the accused and throwing him to the ground. The accused got up and threatened the deceased. He then left the place. The prosecution allegation is that the accused rushed to his shop in the market, came back with MO5 knife and thrust it into the abdomen of the deceased. The incident occurred near the building of Thachedathu Thomas. It is alleged that the deceased received a fatal injury on his stomach and he succumbed to that injury.

(3.) To substantiate the case, the prosecution examined PW1 to PW13. Exts.P1 to P12 are marked on the side of the prosecution. Exts.D1 to D7 are the defence exhibits.