JOSEPH CHERIYAN Vs. STATE

JUDGEMENT

(1.) This appeal is against a conviction and sentence for causing grievous hurt. The appellant took his trial before the learned Sessions Judge of Kottayam for an alleged commission of the offence of murder. The prosecution case was that the appellant caused the death of one Sukumaran, an employee under him, by fisting him with his hand in the region of the abdomen. The learned Judge found that while the fisting was true the medical opinion as to the cause of death was so indefinite and uncertain that it would be unsafe to fasten criminal responsibility for murder on the appellant. The learned Judge however held that the appellants act amounted to causing grievous hurt punishable under S. 325 I.P.C. and sentenced him to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 1000/-. On default to pay the fine the appellant is to undergo rigorous imprisonment for a further period of six months. Out of the fine if realised an amount of Rs. 500/- is directed to be paid to the widow and children of the deceased Sukumaran as compensation. The apeal is against the said conviction and sentence.

(2.) The learned Judge has set out the facts of the case as follows in paragraph 2 of his judgment. (Omitted)

(3.) Before referring to the evidence as to the occurrence we may state the medical evidence in the case consisted of the testimony of PWs 9, 14 and the expert opinion given by the Medical Superintendent of the Trivandrum General Hospital after a study of the relevant documents. Pw. 9 was then the Assistant Surgeon of the Kanjirappally Government Hospital and he conducted the autopsy. Pw. 14 District Medical Officer, Kottayam was present at that time. As indicated earlier medical opinion gave no certain guide as to the cause of death. While death as the result of violence is not ruled out by that evidence it showed that cynanide poison might as well have been the cause. The learned Judge therefore rightly held that the person who caused violence could not be held to be liable for anything more than causing hurt. The question as to whether that hurt was one which could be designated as grevious naturally came up for discussion by the Judge after fixing the offender. The doubt as to the cause of death was caused by the presence of traces of cynanide in the stomach contents detected by the chemical examiner. As to how those traces happened to be present is a mystery to all those who had anything to do with the case and it will be futile to attempt to unravel it.