IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.

WEDNESDAY, THE 8^TH DAY OF SEPTEMBER 2021 / 17TH BHADRA, 1943 CRL.A NO. 260 OF 2007 AGAINST THE JUDGMENT IN SC 214/2006 OF ADDITIONAL SESSIONS COURT (ADHOC)-I, KOTTAYAM, KOTTAYAM APPELLANT/ACCUSED: SUGATHAN @ EDAMON, S/O. PADMANABHAN, PAMPLAVIYIL HOUSE, VELLAVOOR KARA, VELLAVOOR VILLAGE BY ADVS. S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN RESPONDENT/COMPLAINANT:

THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY ADV PUBLIC PROSECUTOR SRI RANJITH GEORGE, PUBLIC PROSECUTOR THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 08.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

This appeal has been filed challenging the conviction and sentence imposed on the appellant/accused in S.C. No.214 of 2006 on the file of the Additional Sessions Judge (Adhoc)-I, Kottayam in a prosecution under Section

308 of the Indian Penal Code.

2. The gist of the prosecution case is that on 26.01.2006, at about 01.30 pm, the accused stabbed CW1 (PW1) with a knife, on his paravertibral region, with such intention as to commit culpable homicide and he thereby, committed an off