VELUKUTTY ASSARI Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Revision Petition has been filed against the order of conviction and sentence in Crl.A.No.178/2005 of Additional Sessions Judge, Fast Track Court (Adhoc) No.IV, Thiruvananthapuram. Revision petitioners are accused Nos.1 to 3.

(2.) Prosecution case is brief is that accused had enmity towards PW1 and others in warning them for screening the well of PW1 and others. Out of that in furtherance of their common intention and preparation of voluntarily causing hurt to PW1 and others, on 06.06.1999 at about 7.15 p.m, while PW1 was going through the bylane leading from Kallikkadu Market Junction to Njatukala, first accused wrongfully restrained PW1 and fisted at his chest and back two - three times and caused pain and pushed him down and second accused with a dangerous chopper slashed him on the right side of his head above the ear and caused injury and third accused fisted at right side of his nose with hand and caused injuries and when PW2, his wife, rushed to the spot, she was kicked by the third accused and caused pain and when PWs 3 and 4 intervened, third accused pushed them down and caused pain and thereby accused committed the offences aforementioned.

(3.) PW9 Head Constable attached to Neyyar Dam Police Station during the relevant time recorded the FIS of PW1 at Taluk Headquarters Hospital, Neyyattinkara and registered the F.I.R., Ext.P6 and conducted the initial investigation. Thereafter, PW10, who was the S.I. of Police, Neyyar Dam continued the investigation conducted by PW9 and filed the charge against the revision petitioners/accused persons.