BENNICHAN JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the accused in S.C. No. 252 of 2007 on the file of the Additional District and Sessions Judge (Adhoc-II), Kottayam and he is challenging the conviction and sentence imposed on him for the offence under Sec. 326 IPC.

(2.) The prosecution case is that the accused was employed as a driver in the house of the father-in- law of PW1 at Peroor. Since the conduct and behaviour of the accused was not good, he was subsequently removed from that job. PW1, who is residing at Thiruvananthapuram came to Kottayam along with his business partner on 21/3/2007 for taking his wife and children to Thiruvananthapuram. Subsequently, while PW1 was in his wife's house, at about 9 p.m., the accused reached there and addressed PW1 in obscene words. Thereafter, at about 11 p.m., while PW1 was returning from the house of his friend, Kurian Koshy, at Peroor and when he was about to enter the car parked near the gate of the house of Kurian Koshy, the accused came running with a chopper in his hand and attacked PW1 with the chopper aiming his neck and when PW1 prevented the attack with his left hand, the tip of the chopper caused to hit on his neck and cheek causing injury and he also sustained comminuted fracture to his left hand and the accused is thereby alleged to have committed the offences under Ss. 326 and 308 of IPC.

(3.) In the trial court, when the accused pleaded not guilty to the charge, PWs 1 to 9 were examined and Exhibits P1 to P7 and MO1 were marked from the side of the prosecution and from the side of the accused, Exhibits D1 to D5 were marked.