VISWANATHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) In this appeal filed under Sec. 374(2) Cr.P.C. the appellant, the sole accused, in S.C.No.78/2003 on the file of the Court of Session, Kalpetta, challenges the conviction entered and sentence passed against him for the offences punishable under Sec. 326 and 324 IPC.

(2.) The prosecution case as revealed from the charge sheet is as follows - the accused due to his enmity towards PW2, on 12/08/1995 at about 09:00 p.m. abused the latter by calling him by his caste him and then voluntarily caused grievous hurt to him by stabbing on his stomach with a knife. When PW1 attempted to intervene, the accused stabbed him also on his left hand causing an injury. Hence as per the final report, the accused is alleged to have committed the offences punishable under Ss. 324, 326 and Sec. 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (the Act).

(3.) Crime No.126/1995 of Meenangadi police station, that is, Ext.P6 FIR was registered by PW7 Head Constable based on Ext.P1 FIS of PW1. The investigation was conducted by PW11, Dy.SP, Crime Detachment, Wayanad, who on completion of investigation, submitted the final report alleging the commission of the offences punishable under the aforementioned Sec. by the accused.