MOHANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused, who stands convicted for offence punishable under Section 308 of the Indian Penal Code, is the appellant herein.

(2.) The case of the prosecution is that on 10.10.2010, the accused picked up a quarrel with his wife and thereafter, when he tried to assault the wife, the daughter and son-in-law of the accused intervened. The accused took out a chopper that was lying on the floor and used it, aimed at the head of the son-in-law. Though he tried to resist it with his arm, it hit on the forehead and sustained injury. He was immediately rushed to the hospital where he underwent treatment. FIS was laid on the next day at 1.15p.m. at the hospital. Crime was registered and after investigation, final report was submitted for offence punishable under Section 308 of IPC. The accused who was arrested on 11.10.2012 itself faced the trial on his plea of innocence. On the side of the prosecution, PWs.1 to 9 were examined and Exts.P1 to P9 were marked. MOs.1 and 2 were identified. Court below, relying on the oral testimony of the eye witnesses who are PWs.2, 3 and 4, convicted the accused and sentenced him to undergo rigorous imprisonment for 5 years for offence punishable under Section 308 of IPC. Set off was allowed.

(3.) The accused who is in jail has preferred this appeal. Since he expressed the inability to appoint a lawyer of his choice, Adv.K.A.Anas was appointed as counsel on State Brief. Heard the learned counsel on State Brief and Adv.M.G.Lisha, learned Public Prosecutor. Perused the records.