SRI. RAJAPPAN Vs. STATE OF KERALA AND

JUDGEMENT

(1.) THIS appeal is filed by the first accused in S.C. No. 803 of 2004 on the file of Additional Sessions Judge (Fast Track) Court - 1, Pathanamthitta. That was a case charge sheeted by the C.I. of police, Pathanamthitta against accused Nos. 1 and 2, who are the husband and wife under Section 302 r/w Section 34 of IPC.

(2.) PROSECUTION case in brief is that, accused Nos. 1 and 2 are running a teashop at Ambalathupadu. They were not on good terms with Rathesh (deceased) since accused firmly believed that, deceased was responsible for the fire occurrence in which their shop was gutted down one month ago. On 6.1.02 at 7.30 p.m. when 1st accused came to close down the reading room, deceased Rathesh told him that, he need close the reading room only at 8 p.m. There was some exchange of words between accused and the deceased. 2nd accused asked him, was he not the person who set fire to their tea shop and 2nd accused threw ash on the face of Rathesh and 1st accused stabbed him with a knife below his right nipple knowing well that, their acts would result in the death of Rathesh. Rathesh died on account of the injury sustained, on his way to the hospital.

(3.) IN that court on the side of prosecution, PWs 1 to 13 were examined and Exts. P1 to 10 were marked and Nos. 1 to 5 were identified. DW1 was examined on the side of defence. Learned Additional Session Judge on considering the evidence found that the second accused has not committed any offence and therefore she was acquitted under Section 235 of Cr.P.C. The first accused was found guilty and he was convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 25,000/ - in default to undergo R/I for one year more under Section 302 of IPC. Out of that fine amount, if realised, Rs. 25,000/ - will be given to PW1 - the father of deceased by way of compensation under Section 357(1) Cr.P.C. Against that conviction and sentence, the first accused filed this appeal.