ALI Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellant along with six others stood trial for offences under Section 120 (B), 380 450, 457, 461, 397, 307 read with, Section 34 IPC before the Court of Session, Palakkad Division (Assistant Sessions Judge, ottapalam). While the other accused were acquitted, appellant was found guilty of the offences under section 457, 380, 307, and 397 read with section 34, IPC. He was sentenced to rigorous imprisonment for two years and to pay a fine of Rs. 5,0001 - for each of the offences under sections 457 and 380 and to rigorous imprisonment for eight years and to pay a fine of Rs. 10,000/- for each of the offences under section 307 and 397. The appeal is directed against the conviction and sentence.

(2.) On 26/10/1988 at or about 11 p.m. P.W. 1 returned to his house from a religious discourse in the neighbourhood, whither he had gone. He then found the lights in the house switched on. When he entered it is said that the appellant (Al) and some others attacked him with lethal weapons, attempted to strangle him and walked away with two suit cases containing valuable articles, after injuring him.

(3.) A little later P.W. 3 grand father of P.W. 1 came to the house and found P.W. 1 lying injured. He then took P.W. 1 to the Government Hospital, Pattambi in the jeep belonging to P.W. 4 P.W. 21, doctor in charge of that hospital examined P.W. 1 and referred him to the Medical College, Hospital, Trichur. Ext. P6 is the wound certificate issued by P.W. 21. That hospital in turn referred P.W. 1 to the Medical College Hospital Calicut P.W. 29 Assistant Professor examined P.W. 1 at the Medical College Hospital. Ex. P9 is the wound certificate issued by P.W. 29. He noticed injuries, including a fracture on P.W. 1.