JUDGMENT :

A.Hariprasad, J.

This appeal is at the instance of the accused in S.C.No.148 of 2010 before the court of Session, Kottayam who was convicted under Section 302 of IPC. The charge framed by the learned Sessions Judge against the accused reads as follows:-

“I, Jose Thomas, Additional Sessions Judge, (Adhoc)-II Kottayam do hereby charge you.

Kava@Jomon,

S/o.Devasia,

Kalluvettathu House,

Pizhaku Kara,

Ramapuram Village.

as follows:

That you on or about 7th day of September 2009 at about 10.30 p.m. in the waiting shed situated on the west of Thodupuzha-Pala Road in Pizhaku Palam Junction, Pizhaku, Kadanadu Village did commit murder by intentionally causing the death of Paninjon@Mohanan S/o.Nanu, Mohanavilasom Puthenchantha, Vallikunnam Village, Alappuzha and thereby committed offence punishable under S.302 of IPC and within my cognizance.

And I hereby direct that you be tried on the said charge.

Dated this the 1st day of November, 2011.

Sd/-Jose Thomas,

Addl.Sessions Judge,

(Adhoc)-II, Kottayam”

2. The prosecution case in brief is that the deceased Mohanan @ Paninjon originally belonged to a Village in Alappuzha, but he migrated to and was engaged in manual labour at Palam Junction in Pizh