STATE OF KERALA Vs. CHELLAPPAN GEORGE

JUDGEMENT

(1.) Respondents herein were tried by the Judicial Magistrate of the First Class, Neyyattinkara in C. C. 133 of 1981 on charge for offences under S.341, 324 and 326 IPC. read with S.34 IPC. and convicted and each sentenced to undergo simple imprisonment for three months under S.326 read with S.34 IPC. and simple imprisonment for 15 days under S.341 IPC. No separate sentence has been imposed under S.324 IPC. The two sentences were directed to run concurrently. In appeal, the learned First Addl. Sessions Judge, Trivandrum, reduced the conviction, under S.326 IPC. to one under S.325 IPC., maintained the conviction on the other count, set aside the sentences imposed and remanded the case for consideration of application of S.360 of the Code of Criminal Procedure (for short 'the Code'). When the calendar was received by this Court, it was felt that the provisions of S.360 of the Code may not be applicable in this State. The case was taken on calendar revision and notice given to the learned Public Prosecutor and the respondents. Respondents have not put in appearance. I have heard the learned Public Prosecutor.

(2.) Pws. 1 and 2 are sisters of the first respondent. The latter's wife is the second respondent. Pws. 1, 2 and the first respondent have a common property containing a house in portions of which Pw. 1 and the first respondent have been residing. Pw. 2 has been residing elsewhere with her husband. It appears, Pw. 2 was claiming a share of the property from the first respondent. On the morning of 14-1-1981, Pw. 2 visited Pw. 1. Pw. 1 also was pressing the first respondent to give a share to Pw. 2 and for that reason, he bore a grudge against them. At about 8.30 a. m., the two respondents went to the hall-room in the occupation of Pw. 2. The second respondent wrongfully restrained Pw. 1. The first respondent beat Pw. 1 with an iron rod on the head and legs (causing fracture of the skull, left ear and left knee). When Pw. 2 interfered, he beat her with the iron rod on the head as well as over the knees. Pws. 1 and 2 were taken to the Medical College Hospital, Trivandrum and admitted there at 10.30 a. m. by Medical Officer in charge, Pw. 5, who issued wound certificates, Exts. P1 and P2. Pw. 5 did not notice the injuries on the knees and legs since those parts of the body were covered by dress. It appears, Pws. 1 and 2 were unconscious and were not in a position to talk. Intimation was sent to the Medical College Police Station and as seen in Ext. P4, it was received at 2 p.m. Pw. 9, Head Constable of Police proceeded to the hospital and finding that Pws. 1 and 2 were not in a position to give any information, went back to the police station and on the basis of the intimation, registered a case as Crime No.31/TR/81 under Ext. P6 F.I.R. for an offence under S.324 I.P.C. against unknown person or persons. He prepared body notes, Exts. P7 and P8. The case was transferred to the Neyyattinkara Police Station within whose jurisdiction the occurrence had taken place. Pw.7, Head Constable of that station reregistered the case under Ext. P5 F.I.R. On 16-1-1981, he questioned Pws.l and 2 and others and inspected the scene and prepared Ext. P4, scene mahazar attested by Pw.6 and submitted report to Court to include S.341, 326 and 34 IPC. and to incorporate the names of the two respondents as accused. The Sub Inspector of Police, Pw. 8, completed the investigation and laid the charge.

(3.) Respondents denied their guilt. Prosecution examined 10 witnesses and marked Exts. P1 to P8. The defence examined one witness. The stand taken by the respondents before the Trial Court was that Pw.4, his sons, Pws. 1 and 2 and their husbands came to the house and attempted to throw the household articles of the respondents out of the house and were obstructed by the second respondent. Hearing her cries, first respondent came there. He was also assaulted and injured. This version was attempted to be supported by Dw. 1. The Trial Court however accepted the prosecution case as true and rejected the defence case.