GEORGEKUTTY Vs. SREEKUMAR

JUDGEMENT

(1.) This is an appeal preferred by PW2, an injured witness, against the order of acquittal of the sole accused in S.C.No.1519/2010 on the file of the Court of Additional Sessions Judge-IV, Kollam. By judgment dated 12.8.2015, the learned IVth Additional Sessions Judge, Kollam found the accused not guilty for the offences punishable under Sections 302 and 307 of the Indian Penal Code and accordingly, the accused was acquitted. The State has not preferred any appeal challenging the judgment.

(2.) The prosecution case in brief is as hereunder:- On 23.3.2008 at 7.30 p.m. deceased John Ommen @ Roy along with PWs.1 and 2 and DW1 Mohanan Pillai were standing near to Kollaka Branch Post Office at C.N.Junction in Vadakkumthala Village. While so, the accused suddenly came there in his motor bike bearing Regn.No.KL2Y-9605 through Kollakakadavu- Padanairkave road from north to south. On seeing the deceased and others, the accused had paused and parked his motor cycle near to Kochuvila house and came near to the place wherein the deceased and others had been standing. At that time, the accused was attempting to light a cigarette using a cigarette lighter. On seeing this, PW1 demanded the cigarette lighter, but the accused was reluctant to give. PW2, who is none other than the brother of the deceased, did not like the conduct of the accused. He questioned it. It remitted in a scuffle among PW1,PW2,the deceased and the accused. During the scuffle, PW2's dhothi (a cloth worn by the witness round the waist) fell down. While so, the deceased slapped the cheeks of the accused. Feeling agitated by the conduct of the deceased, the accused proceeded to the motorbike and had taken a pen knife from the tool box of his motor bike. Thereafter, the accused came back and stabbed on the left chest of the deceased with an intention to commit murder. When PW2 attempted to prevent the deceased from falling down, the accused stabbed him also on the left side of his abdomen and also on the dorsal aspect of left forearm resulting in serious injuries. PW1 and DW1 tried to intercept the act of the accused. However, the accused criminally intimidated them by waving the knife. Although the deceased and PW2 were taken to the A.M.Hospital, Karunagappally, the victim (deceased) succumbed to the injuries.

(3.) PW14, the then Sub Inspector of Police, Chavara Police Station recorded Ext.P1 statement of PW1 and registered Ext.P1(a) FIR for the offences punishable under Sections 302,307 and 506(ii) of IPC on 23.3.2008 at 12.30 am (00.30 hrs on 24.3.2008). According to him, on 23.3.2008, at 8 pm while he was on duty in connection with the festival of Kottamkulangara Devi Temple (a Hindu Temple of the Goddess Durga Bhagavathi located in the village of Chavara in Kollam District), he had received the reliable information regarding this case. On receiving the information, he proceeded to the scene of occurrence along with the Police party. On being satisfied that the information received was true to the facts, he had arranged scene guard duty. Thereafter, he had again returned for duty in connection with the temple festival. PW14 testified in cross- examination that he received the information regarding the occurrence before recording Ext.P1 FIS. He further testified that he did not record the information received in the General Diary of the Police Station before proceeding to the occurrence place for verification. According to him, he had conducted an inquiry regarding the competency of the person to give First Information Statement pertaining to the occurrence. Later, he had understood that PW1 was the most competent person to give such a statement. Accordingly, his statement was recorded.