J U D G M E N T

Shaffique, J.

This appeal is filed by the accused in SC No.201/2008. By judgment dated 12/10/2012, he was convicted and sentenced to undergo imprisonment for life and to pay a fine of `50,000/- (Rupees Fifty thousand only) for offence u/s 302 I.P.C. and to undergo simple imprisonment for one month for the offence u/s 341 of I.P.C. The prosecution alleged that the accused inflicted serious injuries on Tony on 27/8/2007 at about 8.30 p.m. Though the injured was taken to the Medical College Hospital, Alappuzha, he succumbed to the injuries at 9.15 p.m.

2. PW1, who is the younger brother of deceased Tony's father, gave the First Information Statement to the Sub Inspector of Police, North Police Station at 8.30 a.m on 28/8/2007 on the basis of which, crime was registered. Ext.P1 is the FIS and Ext.P1(a) is the FIR. PW12 undertook investigation and after completing the investigation, final report was submitted to the Judicial First Class Magistrate Court-I, Alappuzha which was later committed to the Court of Sessions for trial. PW1 to 12 were examined on the side of prosecution and they placed reliance on Exts.P1 to P18. MO1 to MO4 were the material objects that were produc