RADHAKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Revision petitioners were the accused in S.C. No.14 of 1994 on the files of the Additional Assistant Sessions Court, Kottayam. By judgment dtd. 3/6/1998, they were found guilty of various offences, including Sec. 307 of the Indian Penal Code, 1860 (for short 'IPC'). On appeal, the learned Additional Sessions Court, Kottayam in Crl.Appeal No.72 of 1998 confirmed the conviction and sentence imposed upon them. Hence this criminal revision petition. During the pendency of this revision, the second and third revision petitioners died, and the first revision petitioner, being one of the legal heirs of revision petitioners 2 and 3, sought permission to continue the proceedings in view of Sec. 394 of the Cr.P.C.

(2.) Property disputes between the accused and the defacto complainant led to an incident in the morning of 25/4/1993. When the defacto complainant was cutting the branches of plants on the boundary, the accused became agitated and, pursuant to an altercation between them, came with choppers in their hands with the intention to kill the defacto complainant. Fearing for his life, when the defacto complainant ran into his house, the accused followed him and inflicted injuries on his body. Hearing the sound and cries, the third accused also came to the spot with a chopper and inflicted a cut injury on PW2, who tried to obstruct and dissuade the third accused, who had also inflicted severe injuries on the ribs and backside of the defacto complainant.

(3.) When PW3 tried to prevent the third accused from attacking them, she also sustained injuries at the hands of the third accused. The accused are thus alleged to have committed the offences punishable under Sec. 452, 324 and 307 read with Sec. 34 of IPC.