AMIR Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is filed by the accused in S.C.No.106/2002 on the file of the Additional Sessions Judge (Adhoc) II, Thodupuzha. The above case is charge-sheeted by the Circle Inspector of Police, Thodupuzha, against the appellants alleging offences punishable under Ss. 341 and 307 read with 34 IPC.

(2.) When this appeal came up for consideration, the learned counsel for the appellants and the Public Prosecutor submitted that the 1st accused is no more. The learned counsel for the appellants also informed that, to his knowledge, the legal heirs of the 1st appellant/ 1st accused are not interested in proceeding with the appeal. Therefore the appeal against the 1st accused is abated as far as the sentence of imprisonment is concerned. This Court need to consider only the appeal filed by the 2nd appellant, who is the 2nd accused in this case. (hereafter, the appellants are mentioned as accused Nos.1 and 2 respectively)

(3.) The prosecution case is that on 10/11/1999, at about 7 pm, accused Nos.1 and 2 were abusing PW2, who is the injured in this case, using foul language just outside the shop of PW7, who is the uncle of PW2. Then, PW2 left the shop and tried to enter his autorikshaw which was parked nearby. At that time, it is alleged that the 2nd accused caught hold of PW2 on his collar and consequently there was a scuffle. Then, the 1st accused, who had a knife hidden on his waist, quickly pulled it out and caused an incised injury on the left side of the chest of PW2. It is further alleged that the 1st accused tried to swing his knife again to cause a second injury, but this was blocked by PW2, and the knife deflected and struck the 2nd accused on his right thigh. It is also alleged that, thereafter, the accused fled from the scene. PW2 was then taken to a hospital where he was given first aid and was then taken to Excelsior Hospital, Thodupuzha, where he was examined at 9.25 pm on 10/11/1999. Ext.P1 First Information Statement was subsequently recorded and Ext.P10 FIR was registered at 1.00 am.