MANOJ Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the accused in S.C. No. 258 of 2011 on the file of the Principal Assistant Sessions Judge, North Paravur and he is challenging the conviction and sentence imposed on him for the offence under Sec. 307 IPC.

(2.) The prosecution case is that the accused and PW3 are members of Jacobite Syrian church, North Paravur and during the General Body meeting of the parish on 28/9/2008, there occurred a scuffle between the accused and PW3. For the reason that PW3 preferred a complaint to the police in that connection, the accused attacked PW3 with a sword on 5/1/2009 at about 8.30 p.m., while PW3 was passing urine on the side of the way near his house. It is stated that the accused inflicted severe cut injuries on various parts of the body of PW3 by uttering that he will kill PW3 and the accused is thereby, alleged to have attempted to commit the murder of PW3.

(3.) On the basis of Exhibit P1, First Information Statement of PW2- the elder brother of the injured, PW9, Sub Inspector, registered Exhibit P4 FIR and PW11, Circle Inspector, conducted the initial investigation and thereafter, PW12, Circle Inspector, completed the investigation and filed the final report.