MOHAN KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in this case was prosecuted for the offences punishable under Sections 307 and 323 of Indian Penal Code and Section 3(2) of PDPP Act. He was found guilty of the offence under Section 307 IPC and consequently he was convicted and sentenced to suffer rigorous imprisonment for six years and to pay a fine of Rs.15,000/- with default clause of rigorous imprisonment for one year. It was also directed that if the fine amount is realised, a sum of Rs.10,000/- shall be paid to PW2 as compensation.

(2.) The incident which gave rise to the case occurred on 21.08.1999 at 2'O clock in the dead of night. PW2, the injured in this case, along with PW1 and one Kannan were engaged in cable work of KSEB. The accused along with two or three persons came to the spot with a chopper and asked PW2 and others who had authorised them to do the job and shouted that they will be done away with. The accused slashed the chopper which fell on the head of PW2 and he was injured. He fell down and lost his consciousness. Immediately the matter was informed to the contractor who came down and removed PW2 to the hospital. PW15 attended to PW2, the injured victim and issued Ext.P15 certificate. PW1 went to the Poojappura Police Station and lodged Ext.P1 First Information Station which was recorded by PW12 who registered case as per Ext.P9 First Information Report.

(3.) Investigation of the case was conducted by PW13 initially. He went to the place of occurrence and prepared Ext.P5 scene mahazar. He had the materials recovered from the site forwarded to the court as per Ext.P10 property list. The accused surrendered on 20.01.2000 and was arrested and taken into custody and report to that effect was filed before court which is Ext.P12. He recovered various items from the spot and forwarded it to the court. He had taken statement from most of the witnesses. PW14 completed the investigation and laid charge before court.