C.P.RAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the accused in Sessions Case No.288 of 2004 on the file of the Additional Sessions Court (Adhoc-II), Ernakulam. The above case is charge sheeted against the appellant alleging offences punishable under Sections 341 , 506(ii) , 326 and 307 of the Indian Penal Code (IPC).

(2.) The prosecution case is that, the accused, on account of his previous enmity towards PW1 and with the sole intention to murdering him had wrongfully restrained him at Thripunithura-Mekkara public road near the Mission School on 14.5.2001 at 10.45 p.m. It is the further case of the prosecution that, the accused hit PW1 on his head and other body parts with an iron road stating that, he will do away him. It is alleged that, the injured sustained a grievous injury.

(3.) To substantiate the case, the prosecution examined PW1 to PW13. Exhibits P1 to P14 are the exhibits marked on the side of the prosecution. DW1 to DW3 are the witnesses examined on the side of the defence. MO1 to MO3 are the material objects. Exhibit C1 is marked as court exhibit.