REJI, S/O MATHEW Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellant stands convicted for offences enumerated as punishable under Sections 307, 324 and 332 of the Indian Penal Code. He is sentenced to suffer life imprisonment under Section 307 IPC, simple imprisonment for one year under Section 324 IPC and simple imprisonment for three years under Section 332 IPC. The sentences are ordered to run concurrently.

(2.) We have heard the learned senior counsel for the appellant and the learned public prosecutor, quite in extenso, on the basis of the material evidence on record.

(3.) Charge against the accused is that while PW1 and PW3, police constables, were on official duty, he injured PW1 in the presence of PW3, at about 9.30 p.m. on 30.09.2008, inside an autorickshaw belonging to and driven by PW2. The incident as spoken to by PW1 is that, while he and PW3 were on regular patrolling duty, PW10, head constable, informed that a Scorpio car met with an accident and the person injured in that accident is near that car; thereupon, PW1 and PW3 hired PW2's autorickshaw and went to the place, where the car had met with the accident; the accused was injured in that accident; PW3 then told PW1 that the accused is a person, who is wanted in connection with certain criminal cases registered in Kattappana Police Station relating to theft of vehicles; PW1 and PW3 made the accused sit in PW2's autorickshaw with the intention of taking him to the hospital as he was injured; PW1 and PW3 sat on the either side of the accused; while so, the accused proclaimed that he needs to escape even if he were to kill PW1 and PW3 and thereupon slashed MO1 knife, which resulted in tearing of the uniform of PW1 and inflicting the injury noted in Ext.P4 wound certificate on PW1. MO2 is the uniform, which also was allegedly cut in that incident. The material evidence on record also shows that the auto driver - PW2, carried an injury, which is reflected in Ext.P5 wound certificate. The attribute as recored in that certificate is that certain thieves had stabbed PW2, the auto driver, with knife. The injuries noted in Exts.P4 and P5 are not grievous in nature.