ETTOWA MUNDA Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant was convicted for an offence punishable under Sec. 307 of the Indian Penal Code, 1860 (IPC) and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.1,00,000.00 by the Additional Sessions Judge, Kollam in S.C.No.283 of 2018. The said judgment dtd. 1/10/2018 is under challenge in this appeal filed under Sec. 374(2) of the Code of Criminal Procedure, 1973 (Code).

(2.) The appellant was a labourer at a hollow bricks factory named 'Muttath Hollow Bricks' at Mynagappally. PW2 Sri.Mohanan was the supervisor. They had an altercation and therefore they were in inimical terms. At about 12.00 midnight on 31/8/2017 while PW2 was asleep at the outhouse of that factory, the appellant sat on his chest and slashed at his neck using MO1 knife. That caused injury to his vocal cord disabling him from speaking out or swallowing food. The appellant alleged to have done so with an intention to cause the death of PW2.

(3.) On the said charge, the appellant was tried before the Additional Sessions Judge-IV, Kollam. PWs.1 to 13 were examined and Exts.P1 to P20 were marked. MO1 to 4 were identified. When questioned under Sec. 313 of the Code, the appellant took the stand that he did not commit such an offence. He added that he was brutally tortured by the police after his arrest. No defence evidence was, however, adduced. The trial court, after considering the evidence on record, found the appellant guilty.