NARASIMHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellants are the accused in S.C.No.476/2001 on the file of the Additional Sessions Judge Fast Track court No.II, Palakkad. The above case is chargesheeted by the Circle Inspector of Police, Hemambikanagar Police Station, against the appellants, alleging offences punishable under Sections 447, 341 and 307 r/w Section 34 of IPC. The prosecution case is that, on 09.08.2001 at about 5.30 P.M., the accused in furtherance of their common intention to commit crime, trespassed into the residential house of CW1 at Cheppilamuri in Akathethara Panchayath. It is alleged that, the appellants wrongfully restrained CW1 and voluntarily caused grievous hurt to him by chopping with a 'Vadival' (stick-cum-sword), a dangerous weapon on his left shoulder with intention to cause his death.

(2.) To substantiate the case, prosecution examined PW1 to PW9. Exts.P1 to P7 are marked on the side of the prosecution. DW1 is examined on the side of the defense. Exts.D1 to D9 were also marked on the side of the defense. MO1 to MO3 are the material objects. After going through the evidence and documents, the trial court found that the accused have not committed the offence under Section 307 IPC. But, the trial court found that the accused committed offence under Section 447 , 341 and 326 r/w Section 34 of IPC. The accused are sentenced to undergo rigorous imprisonment for two months each under Section 447 r/w 34 IPC , rigorous imprisonment for 15 days each under Section 341 r/w 34 IPC and rigorous imprisonment for 3 years each and to pay a fine of Rs.2,500/- each under Section 326 r/w 34 IPC . In default of payment of fine, the accused is directed to undergo simple imprisonment for one month. Aggrieved by the conviction and sentence, this Crl.Appeal is filed.

(3.) Heard learned counsel for the appellants and learned Public Prosecutor.