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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (crl.) 1375 of 1999

PETITIONER:

V.N. Ratheesh

RESPONDENT:

State of Kerala

DATE OF JUDGMENT: 06/07/2006

BENCH:

ARIJIT PASAYAT & LOKESHWAR SINGH PANTA

JUDGMENT:

J U D G M E N T

ARIJIT PASAYAT, J.

Appellant calls in question legality of the judgment

rendered by a Division Bench of the Kerala High Court

upsetting the order of acquittal passed by learned Sessions

Judge Kasaragod, Kerala. Appellant faced trial for alleged

commission of offence punishable under Section 302 Indian

Penal Code, 1860 (in short the ’IPC’). According to the

prosecution on 23.12.1994 at about 11.15 a.m. he stabbed

one Narayanan (hereinafter referred to as the ’deceased’) to

death at the private bus stand. The High Court by the

impugned judgment held that the order of acquittal passed

by the trial court was not proper and the appellant was

convicted for the offence punishable under Section 304 Part I

IPC and sentenced to undergo seven years rigorous

imprisonment. The prosecution version as unfolded during

trial was as follows :

On 23.12.1994 at 11.15 a.m. the accused stabbed

deceased to death at the private bus s