SHINE JUSTUS Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused Nos.1 and 2 in S.C.No.2054/2004 on the file of Additional Sessions Court, Thiruvananthapuram impugn the conviction and sentence imposed on them by the Additional Sessions Judge, as per judgment dtd. 30/1/2007 on the finding that they have committed offences under Ss. 324, 427 and 452 r/w 34 IPC. Respondent herein is State represented by the learned Public Prosecutor.

(2.) The prosecution case is that on 13/5/2003 at about 6.30 pm accused herein trespassed upon the shop room bearing No.T.C.49/1530 owned and possessed by the de facto complainant and assaulted the de facto complainant, with intention to do away him or with such knowledge that the acts would cause death of the defacto complainant. The specific allegation is that the 1st accused slashed the de facto complainant with a chopper on the right leg below the knee and second accused slashed on the neck ofPW3 and when the same was warded off, same caused injuries on his left and right hand. Further, the accused destroyed glasses to the tune of Rs.3,000.00. Accordingly, crime was registered alleging commission of offence under Ss. 452, 308 and 427 r/w 34 IPC. After completing the investigation, charge laid against the accused before the Jurisdictional Magistrate.

(3.) Thereafter, the case was committed to the Sessions Court for trial and disposal and when the case was made over to the Additional Sessions Judge, the Additional Sessions Judge tried the case after complying the pre-trial formalities.