SUKUMARAN, S/O APPUKUTTAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused was prosecuted for the offences punishable under Sections 452, 341, 323, 427, 506(ii) and 436 of IPC. After trial, he was found guilty of the offences under Sections 323, 341, 427, 506(ii) and 436 of IPC and was acquitted for the offence under Section 452 of IPC. For the offences for which he was found guilty, was convicted and sentenced to suffer rigorous imprisonment for two years and to pay a fine of 20,000/- for the offence punishable under Section 436 of IPC with a default clause of one year simple imprisonment. He was also sentenced to suffer rigorous imprisonment for one year for the offence punishable under Section 506(ii) and six months each for the offences punishable under Sections 323 and 427 of IPC and one month for the offence punishable under Section 341 of IPC. The sentences were directed to run concurrently and set off as per law was allowed. It is also directed that if the fine amount was realized, the same shall be paid to PW-2 as compensation.

(2.) The incident which gave rise to the crime occurred on 03.06.2002 at about 3.30 p.m. The allegation seems to be that the accused who is in Police service has some sort of relationship with PW-2 and PW-2 claims that the accused is her husband. Whatever that be, on the date of incident, the accused is alleged to have assaulted the victim and she ran outside to escape. He chopped off the branches of trees within the property and destroyed the articles in the house. On the basis of the complaint laid by the victim, a crime was registered as per Ext.P2(a), FIR. After completing investigation, charge was laid before the court.

(3.) The court before which the final report was laid, took cognizance of the offences and finding that the offences are exclusively triable by a Court of Sessions, committed the case to Sessions Court, Thiruvananthapuram.