JAYARAM Vs. STATE OF KERALA

JUDGEMENT

(1.) The above appeal is filed by the accused in S.C.No.320/2002 on the files of the Additional Sessions Judge (Fast Track Court-I), Thiruvananthapuram. The Circle Inspector of Police, Medical College Police Station, charge sheeted the accused alleging offence punishable under Section 307 of the IPC).

(2.) The prosecution case in brief is as follows: PW4, Nisha was the wife of the accused. While the marriage relationship between PW4 and the accused was in existence, PW4 filed O.P.No.269/96 before the Family Court, Thiruvananthapuram, for getting back her gold ornaments and money from the accused and that case was subsequently transferred to Family Court, Nedumangaud. She also filed a case against the accused in the Family Court, Thiruvananthpuram, for dissolving the marriage between her and the accused, which was allowed during the year 2001. While the aforesaid two cases were pending before the Family Court, Thiruvananthapuram, on 14.11.2000, PW4 reached the Family Court's premises Thiruvananthapuram, which is the date on which her case is posted. PW4 was attempting to enter into the Family Court building, and she was climbing the steps of the building. At that time, the accused, with the intention of causing her death, caught hold of the shawl worn by her in her shoulder and pulled the same. It is the prosecution case that, PW4 fell down in the porch of the Family court building and then the accused told her that he came there for killing her and by so he stabbed her with MO1 knife on the left side of her umbilicus, thereby PW4 stood up and then ran. The prosecution's further case is that the accused chased her and again stabbed her twice with MO1, resulting in injuries near her umbilicus and the back of the left elbow. When PW1 interfered and obstructed the accused, the accused stabbed him with MO1 on his right ankle, thereby inflicting simple injury to PW1. Hence the accused committed the offences as mentioned earlier.

(3.) After investigation, the police filed the final report before the Court. When the accused appeared before the trial court, the trial court framed a charge under Section 307 of the IPC. To substantiate the case, prosecution examined PW1 to PW9. Exts P1 to P7 are marked on the side of the prosecution. Exts. D1 to D3 are marked on the side of the defence. MOI and MOII are the material objects. After going through the evidence and documents, the trial court found that the accused committed the offence under Section 307 of the IPC. The accused is sentenced to undergo rigorous imprisonment for four years and to pay a fine of Rs.6,000/- (Rupees Six Thousand Only). In default of payment of fine the accused is directed to undergo rigorous imprisonment for six months. If the fine amount is recovered the court directed to pay an amount of Rs.4,000/- (Rupees Four Thousand only) to PW4. Aggrieved by this conviction and sentence, this criminal appeal is filed by the appellant.