ILLATHODY BEERAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal has been filed against the judgment and order dated 07.07.2010 passed by the High Court of Kerala in Criminal Revision Petition No.659 of 2000 dismissing the revision petition filed by the appellant thereby affirming the conviction under Section 307 Indian Penal Code and sentence of seven years rigorous imprisonment imposed by the Assistant Sessions Judge, Manjeri in Sessions Case No.64/1992 which has been upheld in appeal by the Sessions Judge.

(2.) Briefly stated case of the prosecution is that on the night of 07.07.1989 at about 09.30 p.m., PW -1 -Ismayil Musaliar was on his way to home after closing his book stall situated in Manjeri. PW -2 -Muhammad Sherif and PW -3 -Aboobacker Siddique were following PW -1 from a distance. When PW -1 reached Chalumkunnumpuram at about 09.30 P.M., the accused came in a jeep from the opposite side. After getting down from the jeep, the accused called PW -1 'Usthad' and started beating him forcefully. Thereafter, accused stabbed PW -1 with a knife on his chest. The second stab was on the muscle of right arm and the third stab was intended for the right eye but was inflicted above the right eye. The next stab was on the left cheek. On raising alarm, PW -2 and PW -3, who were coming behind PW -1 reached the spot and on seeing PW -2 and PW -3, accused escaped in the Jeep in which he came. PW -1 sustained nine injuries out of which one was fatal. He was taken to District Hospital Manjeri at 10.05 p.m. where the statement of PW -1 was recorded, based on which, the first information report was lodged on the next day at 11.30 a.m. hence there was no delay in lodging the first information report. The accused was arrested on 23.07.1989. On the basis of the confessional statement, a bloodstained shirt and mundu was recovered from him. A test identification parade (TIP) was conducted on 08.02.1990 by the Judicial Magistrate in which the accused was identified by PW -1 to PW -4. Upon completion of the investigation, chargesheet was filed against the accused under Section 307 IPC.

(3.) To prove the guilt of the accused, the prosecution examined twelve witnesses (PW -1 to PW -12) and marked Exs.P1 to P11 as well as MOs 1 and 2. After completion of the prosecution evidence, the accused was questioned under Section 313 Cr.P.C. The accused denied the allegations levelled against him and pleaded innocence. Upon consideration of evidence adduced, the trial court came to the conclusion that the prosecution had been able to prove its case beyond reasonable doubt and held the accused guilty of attempting to commit the murder of PW -1. The accused was convicted under Section 307 IPC and sentenced to undergo imprisonment of seven years. Appeal preferred before the Sessions Judge came to be dismissed by the judgment dated 23.05.2002. Aggrieved by the dismissal of his appeal by the Sessions Judge, appellant filed the revision petition before the High Court which also came to be dismissed by the impugned judgment.