PODIYAN @ VALUTHAKUNJU Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is preferred by the accused against the conviction and sentence in S.C.791 of 2003 of additional District and Sessions Judge adhoc I, Pathanamthitta under section 307 IPC. The charge against the accused is that on 7.2.2000 at 7 pm, while PW1 and 2 were settling the quarrel between the accused and his wife(PW3). The accused assaulted PW2 with MO1 stone and attempted to murder him. In this incident, Adoor police registered a crime and after investigation, C.I of Police, Adoor laid charge before Judicial First Class Magistrate, Adoor. From there, the case was committed to Sessions Court, Pathanamthitta. Subsequently, it was made over to additional Sessions Court, Adhoc I.

(2.) During trial, prosecution examined PW1 to PW11 and marked Ext.P1 to P8 as documentary evidence. MO1 and MO2 were admitted as material objects. The incriminating circumstances brought out in evidence were denied by the accused while questioning him. He did not adduce any defence evidence. Learned additional Sessions Judge convicted the accused under section 307 IPC and sentenced him to rigorous imprisonment for two years and fine of Rs.25,000/-, in default of payment, simple imprisonment for one year. Being aggrieved by that, he preferred this appeal.

(3.) The main contention advanced by the learned counsel appearing for the appellant is that the prosecution failed to prove the intention necessary to attract the offence of attempt to murder. When there is no intention to cause death and no evidence to prove that ingredient, the mere bodily injury will not attract the offence under Section 307 IPC. I heard the learned Public Prosecutor also. Relied the decision in Sumersimbh Umedsinh Rajput V. State of Gujarat (2007 (13) SCC 83).