JOY ALIAS KOCHU JOY Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal arises from the conviction and sentence passed against the appellant under S.304 Part II of Indian Penal Code ('IPC for short) to undergo rigorous imprisonment for 7 years and to pay a fine of 10,000/- and in default to undergo rigorous imprisonment for one year. 2.

(2.) The appellant was charge - sheeted for offence under S.302 IPC. According to the prosecution, on 28.1.2008 at about 12 a.m., the appellant stabbed deceased Sunny with MO1 knife and inflicted injury on his abdomen. He was immediately taken to the hospital and treated there for three days. On the fourth day on 1.2.2008 at about 8.30 a.m. he succumbed to the injuries 3.

(3.) According to prosecution, PW 2 and the deceased Sunny are friends. The deceased Sunny is a cobbler. On the crucial night, he went to the deceased's place for having supper, as usual. The accused also came there and PW 2 was asked by the deceased to purchase a glass. PW 2 asked the deceased for money and this irritated the accused and he assaulted PW 2. The deceased intervened, by asking why he was assaulting PW 2 and stated that he was his friend. Immediately, the accused stabbed the deceased with a knife on his stomach.