JOSHI S O URUMISE Vs. STATE OF KERALA

JUDGEMENT

(1.) ORDER :- The petitioner now stands convicted for offences under Sections 307 and 447, I.P.C. For the former he was sentenced to undergo rigorous imprisonment for a period of 5 years and to pay a fine of Rs. 1,000/- and in default of payment of fine to undergo rigorous imprisonment for a further period of 6 months and for the latter he was sentenced to undergo rigorous imprisonment for a period of 2 months. The sentences were directed to run concurrently.

(2.) On 12-1-1987 the petitioner insulted P.W. 3 in the bus, when she was returning from the college, which matter was promptly reported by her to her brothers. Thereupon P.Ws. 1 and 2 along with brother Rajan went to the house of the petitioner at about 8 p.m. to inform the mother of the petitioner about his conduct and the petitioner's mother undertook to see that the petitioner will not indulge in such activities in future. At about 8.30 p.m. on the same day, according to the prosecution, the petitioner came in front of the house of P.Ws. 1 to 3 and called out P.W. 2 and when he came out the petitioner asked P.W. 2 as to why he went and informed his mother about his earlier behaviour towards P.W. 3. Thereafter, it is said, that the petitioner took out a knife and stabbed P.W. 2 on the chest and when P.W. 2 moved back a little he sustained a stab on his abdomen. On seeing. this, P.Ws. 1 and 3, along with another brother Sajan, came to his help and thereafter, the victim P.W. 2, was taken to a hospital at Aluva from where he was referred to the Medical Trust Hospital at Ernakulam. An emergent operation was performed by P.W. 8, the doctor. P.W. 2 was hospitalised for 22 days and he was unable to follow his ordinary pursuits. P.W. 1 laid Ext. P1, the first information statement, with P.W. 10 who registered a crime and investigation was taken up by P.W. 11. The accused produced M.O. 1 knife before P.W. 12 which was under Ext. P5. The final report was filed by P.W. 12 after the completion of investigation.

(3.) When questioned, the petitioner stated, that while he was returning from the church on the date of occurrence at about 8.30 p.m. he was caught hold of by P.W. 1 and 2 and their brother Sajan, and that he was forcibly removed to the courtyard where he was assaulted. According to him, to escape from their clutches, he swung the knife and ran away from the scene. In short, he admits that he wielded a knife at P.Ws. 1 and 2.