- (1.)This appeal is at the instance of the sole accused in SC No.252 of 2004 on the file of Sessions Judge, Wayanad, Kalpetta, challenging the conviction and sentence imposed on him under Sec. 304 Part II of IPC, as per judgment dtd. 22/8/2006.
(2.)The accused was chargesheeted under Sec. 302 of IPC in Crime No.15 of 2002 of Thirunelli Police Station. The prosecution allegation is that, on 16/2/2002 at about 10 p.m, accused Kalan @ Kumaran committed murder of his brother-in-law Kalan by inflicting blows on his head with a stick, at the veranda of his house.
(3.)On committal, the appellant/accused appeared before the trial court and charge was framed under Sec. 302 of IPC, to which, he pleaded not guilty and claimed to be tried. Thereupon, prosecution examined PWs 1 to 10, marked Exts.P1 to P8 and identified MOs 1 to 10.