STATE Vs. RAMAN

JUDGEMENT

(1.) State has filed the appeal challenging the finding of the Assistant Sessions Judge, Irinjalakuda that the accused (respondent) committed offence only under Section 324 and not under Section 307 of the Indian Penal Code.

(2.) The prosecution case is that on 7-1-1985 at about 12.15 p.m. accused attempted to commit murder of Thomas (P.W. 4) by voluntarily causing grievous hurt to him by beating on his head and chest several times with crow bar. The learned Assistant Sessions Judge held that the offences under Sections 307 and 325 have not been established and the prosecution has succeeded only in establishing the guilt of the accused under Section 324 of the I.P.C. This finding has been challenged by the State.

(3.) M.O. 1 'Ilavanku' has a length of 115 cm. The wound certificate Ext. P-2 shows that P.W. 4 had sustained lacerated wounds. Ext. P-2 also shows that there was suspected fracture of skull bone. P.W. 4 was treated in the Medical College Hospital.