SATHEESAN.K Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner is the 1st accused in SC No. 297 of 1998 on the file of the Assistant Sessions Judge, Kottarakkara and the appellant in Crl. Appeal No. 146 of 2003 on the file of the Additional Sessions Judge-II, Kollam. By judgment dated 27.03.2003, the learned Assistant Sessions Judge convicted and sentenced the revision petitioner/1st accused to undergo rigorous imprisonment for three years and a fine of Rs.5,000/- and in default of payment of fine to undergo rigorous imprisonment for nine months more. Challenging the conviction and sentence, the revision petitioner preferred Crl.Appeal No. 146 of 2003 before the Sessions Court, Kollam. By judgment dated 29.03.2006, the learned Second Additional Sessions Judge, Kollam, to whom the appeal was made over for hearing and disposal, dismissed the appeal confirming the conviction and sentence imposed by the trial court. Feeling aggrieved, the revision petitioner is before this Court in revision.

(2.) Upon consideration of the final report and materials on record, the learned magistrate found that the offence punishable under Section 307 of the Indian Penal Code (hereinafter referred to as, " IPC ") was disclosed against the revision petitioner and the 2nd accused. Finding that the offence under Section 307 of the IPC is exclusively triable by the Court of Sessions, the case was committed to the Sessions Court, Kollam in accordance with law.

(3.) The prosecution case is that on 24.09.1988 at 7 pm, the accused 1 and 2, out of previous enmity towards PW3, with an intention to manhandle him, assaulted on his right shoulder with a chopper causing grievous injuries to him. Immediately after the occurrence, it is alleged that PW3 made an attempt to escape by running to the southern property of Madathil Lakshmanan and the accused 1 and 2 chased him and inflicted severe injuries on his body with a chopper.