SHAJI Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant herein challenges the conviction and sentence against him under Sections 452 and 308 of Indian Penal Code. He faced trial before the learned Additional Sessions Judge-I, Mavelikara in S.C No.289 of 2000 on the allegation that due to some previous enmity on a misapprehension that one Raju, a toddy shop salesman, had given intimation to the police against him regarding his illicit trade in arrack, he trespassed into the toddy shop No.35/98 at about 1.45 p.m on 10.6.1998 with a dagger and inflicted injuries on the body of the said Raju with the full knowledge of consequence that the injuries he inflicted may cause death.

(2.) The appellant pleaded not guilty to the charge framed against him by the learned trial Judge under Sections 452 and 308 I.P.C. The prosecution examined ten witnesses in the trial court including the injured Raju and also marked Exts.P1 to P14 documents. When examined under Section 313 Cr.P.C also, the accused denied the incriminating circumstances and maintained a defence of total denial. He further contended that this is a false case foisted against him at the instance of one Rajan and one Vijayan. On witness was examined on the side of the accused in defence. The dress materials of the injured seized during investigation were marked as MO1 and MOII.

(3.) On an appreciation of the evidence adduced by the prosecution and the defence, the learned trial Judge found the accused guilty under Section 452 and 308 I.P.C. On conviction thereunder, he was sentenced to undergo rigorous imprisonment for five years and to pay a fine of 10,000/- under Section 308 I.P.C and to undergo rigorous imprisonment for three years and to pay a fine of 5000/- under Section 452 I.P.C by judgment dated 20.12.2004. Aggrieved by the conviction and sentence, the accused has come up in appeal.