J U D G M E N T

Dated this the 7th day of October 2020 ...

The appellant is the accused in Sessions Case No.11 of 2004 on the file of the Additional Sessions Court, Fast Track Court No.1 (Adhoc), Manjeri. The above case is charge sheeted by the Circle Inspector of Police, Nilambur alleging offences punishable under Section 302 of the Indian Penal Code (IPC).

2. The prosecution case is that on 21.5.2003 at about 10.30 a.m., an altercation was developed in between the accused and his deceased younger brother due to some dispute regarding money which was due to the accused and that in the midst of the scuffle the accused had inflicted severe blows and kicking on the naval of the deceased and that the victim was admitted in the Medical College hospital. While undergoing treatment at Medical College hospital, he had succumbed to the injuries on 25.5.2003 and therefore, the accused committed the said offence.

3. To substantiate the case, the prosecution examined Pws.1 to 12. Exhibits P1 to P12 are the exhibits marked on the side of the prosecution.

4. After going through the evidence and documents, the trial court found that, the accused is guilty under Section 304 Part II IPC. He was sentenc