JUDGMENT

Jobin Sebastian, J.

The judgment of conviction and order of sentence passed against the sole accused in S.C. No.1809/2013 on the file of Additional Sessions Court, Neyyattinkara, for offences punishable under Sections 302 and 323 of the Indian Penal Code are under challenge in this appeal.

2.​ The facts of the case in brief are as follows: The deceased Mohanan was an auto driver. On 18.02.2013 at 3 p.m., the accused approached Mohanan for a trip, but he declined, citing a prior commitment to another trip. Following this, a heated altercation and scuffle ensued between Mohanan and the accused. Enraged by the same, the accused on the same day at 9.15 p.m., committed murder of Mohanan by beating him incessantly using an iron rod, near to the shop of one Gangadharan at Villikulam. When the step-son of Mohanan intervened to rescue his step-father, the accused pushed him down causing injuries on him. Hence the accused is alleged to have committed the offences punishable under Sections 302 and 323 of the IPC .

3.​ On completion of the investigation, the final report was submitted before the Judicial First Class Magistrate Court-III, Neyyattinkara. As the case was one triable exc