MURALEEDHARAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the 1st accused in Sessions Case No.113 of 2009 of the Additional Sessions Court (Adhoc - I), Kottayam, who stands convicted under Sections 324 and 326 IPC, and sentenced to undergo rigorous imprisonment for three years for the offence under Section 326 IPC, and to pay a fine of 5,000/ -, in default to undergo simple imprisonment for three months under Section 324 IPC.

(2.) On 10.04.2008, PW1 along with his wife and two sons, who are PWs.3 and 4, got down from the bus at a place called Kadayanikadu from Kottayam, and they were on their way by walking towards their house. By about 7 p.m., the appellant rushed to them by the auto -rickshaw of the appellant. He stopped the auto -rickshaw and swiftly staged an attack on PW1 with a reaper. On seeing the attack, PW3, who is the elder son of PW1 intervened for the rescue of his father. Immediately, the appellant severely beat on the head of PW3 and also on his body with the wooden reaper, thereby causing the fracture to his skull and other serious injuries. When PW4, the younger son of PW1 intervened, he was also beaten up.

(3.) PW1 sustained lacerated wound left side of forehead and contusion left shoulder and right forearm. PW3 sustained haematoma 1.2 c.m., fracture parietal bone and fracture to the sphenoid sinus. There occurred nasal bleeding and orbital edema (left), lacerated wound chin, contusion forehead, both forearms, shoulder and below both shoulder blades. PW4 sustained contusion left side of forehead. All the injured persons were taken to the Taluk Headquarters Hospital, Kanjirappally, from where, PW3 was referred to the Medical College Hospital, Kottayam. From 10.04.2008, he continued treatment as inpatient till 22.04.2008.