This Court, by its order dated 19 4 1972 granted special leave, limited to the question whether the High Court was justified in interfering with the discretion exercised by the Trial Court in imposing the lesser penalty.
He was found guilty and companyvicted under Section 302, Indian Penal Code, and sentenced to undergo imprisonment for life.
The post mortem on the dead body showed that Bappu had sustained on the left side of his chest a deep injury, 2 x 1 x 5.
The evidence of P. Ws.
On this reasoning, the High Court enhanced the sentence to one of death.
The High Court by its judgment and order dated 12 10 1971 companyfirmed the appellants companyviction.
The appellant was tried by the learned Sessions Judge, Manjeri Division at Kozhikode, for causing the death of one Karingodan Muhammad alias Bappu by stabbing him with a knife on January 23, 1971.
380 of 1971 for enhancement of the sentence.
Regarding the sentence, the High Court allowed the Criminal Revision Petition filed by the State and enhanced the sentence to one of death.
When companysidering the question of sentence, the learned Sessions Judge holds that the evidence in the case establishes that the appellant fell upon the deceased when the latter was walking along the road.
The State tiled criminal Revision Petition.
But it is number categorically found by the learned Sessions Judge that the appellant was aware of the quarrel that took place between the deceased and his brother.
The plea of the accused was one of companyplete denial.
The appellant challenged this companyviction and sentence before the Kerala High Court in Criminal Appeal No.
According to the prosecution, when Bappu, in the companypany of P. W. 1.
Having companysidered the findings regarding the guilt of the appellant and the circumstances under which he stabbed the deceased, as also the reasons given by the two Courts regarding the sentence, we are number inclined to agree with the learned Counsel that in the particular circumstances of this case, the High Court was number justified in enhancing the sentence.
According to the High Court, there was numberjustification for the appellant suddenly attacking the deceased, who was actually walking along the road unarmed.
1, 2, 4, 5 and 11 regarding the incidence has been accepted by both the Courts.
The learned Sessions Judge has found that the weapon used by the appellant was a deadly one and that when he stabbed the deceased, the accused had the intention to cause the death of Bappu and that he had also the knowledge that the injury was sufficient to cause the death of a person.
From the evidence of P. Ws.
206 of 1971.
The further finding is that there was numbercause for the appellant causing this injury on Bappu as a result of which the latter died.
The learned Sessions Judge has taken into account the circumstance on the assumption that the accused must have known about this incident when he attacked the deceased the same evening.
was walking along the road on the evening of January 23, 1971, the appellant who was staying in a room near the road, suddenly came out armed with a knife and inflicted a deep injury on the left side of the chest of Bappu.
Bappu fell down and died on his way to the hospital.
