THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is filed against the judgment dated 26.09.2008 in Sessions Case No.10 of 2005 on the files of the Additional Sessions Judge, Fast Track (Adhoc-1), Alappuzha. The above case was charge sheeted by the Circle Inspector of Police, Alappuzha North Police Station against the accused for the offences punishable under Sections 450 and 307 of the Indian Penal Code.

(2.) The Prosecution case is that the injured PW2, her husband PW3 and their son PW1 were residing in a rental house Moovarakkal,Alappuzha at the time of the alleged incident in this case. The accused and injured were neighbours. A Pathway was provided for the ingress and egress of the accused on the rear side of the house of the injured. But the accused used to walk through the front courtyard of the house of the injured and thus the relationship between the accused and family of the injured became strained. On 23.06.2000, the accused destroyed the cycle of the child of the daughter of the injured and so the injured and her son (PW1) made accusation against the accused regarding this matter. In the evening of 23.06.2000 at Pulikkal junction, the accused called the names of PW1 and manhandled him. When PW1 made noise, the people in the locality assembled there and attempted to attack the accused. So the accused entered into the tea shop of Sugunan and shutdown the shutter of the shop and thus he escaped. PW1 and his father (PW3) filed a petition against the accused in the evening of 23.06.2000 itself before the North Police Station, Alappuzha regarding the incident happened at Pulikkal junction. Due to this animosity, the accused trespassed into the house of the injured and in the early morning on 24.06.2000 while the injured was preparing tea, stabbed her with a chopper with an intention to kill her. Immediately, she was taken to the Medical College Hospital, Alappuzha and treated there. Hence it wa alleged that the accused committed the offences punishable under Sections 450 and 307 of the IPC.

(3.) To substantiate the case, the Prosecution examined PW1 to PW20. Exhibits P1 to P16 were marked on the side of the Prosecution. Exhibit D1 is marked on the side of defence. The material objects are MO1 to MO8.