[Dated this the 26^th day of November,2019]

N.ANIL KUMAR,J:

Appellant

is

the

accused

in

S.C.No.1633/2010 on the file of the Additional

Sessions Court-II, Thiruvananthapuram in Crime No.

39/2009 of Poonthura Police Station for the offence

punishable under Section 302 of the Indian Penal

Code,1860 (for short 'IPC'). By judgment dated

10.6.2015, the learned Additional Sessions Judge

convicted and sentenced the accused to undergo

imprisonment for life and to pay fine of

Rs.2,00,000/-, in default of payment of fine, the

accused shall undergo imprisonment for one year more

for the offence punishable under Section 302 of IPC.

2. The prosecution case in brief is that on

3.2.2009 at 11.50 hrs., the appellant/accused caused

stab injuries on the body of one Ameer Hamsa, while

the latter was sitting on the ground near a window for

offering prayers in the tomb in 'Beemapalli' at

Thiruvananthapuram. The appellant applied force and

caught hold of Ameer Hamsa and as a result of the

:-3-:

force, the victim fell down and while so, the

appellant stabbed directly in the mouth of the victim

with MO4 knife. The victim succumbed to the injuries

later.