KUNHIKANARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein (the accused in C. C. No. 48 of 1963 on the file of the Munsiff Magistrate, Perambra) had been convicted under S.324, I. P. C., for injuring the right thumb of PW 1 in an attempt to cut the latter's throat with a chisel. PW 1, who is an Engineer in the State Service, was travelling in a jeep which was stopped by the accused who wanted to do away with the officer thinking him to be responsible for the acquisition of his property without immediate payment of compensation. Though he pleaded not guilty to the charge under S.324, I. P. C., the Magistrate found the charge proved and sentenced him to rigorous imprisonments for six. months. An appeal preferred by the accused before the Sessions Judge failed. Hence this petition for revision of his conviction and sentence.

(2.) The fact of his attack on PW 1 has been concurrently found by the Courts below on appreciation of the evidence on record. On perusing the judgment and hearing counsel, I do not find any error in the appreciation of the evidence made by the Sub Magistrate, which has been accepted by the Sessions Judge. The conviction must therefore stand. I do not think in the circumstances of this case that the sentence awarded is heavy.

(3.) The prosecution case, even as stated in the First Information given to the Police and in the charge sheet, is that the accused attempted to kill PW 1, a Junior Engineer, by cutting his throat with a chisel, though the officer had fortunately been able to wrench the chisel out of the accused's hand and to save himself. To me the averments appear to make a clear case of attempt to murder. Though facts making out an attempt to murder are clearly put forth in the F. I. Statement, F. I. R. and the charge sheet, no charge was laid for that offence under S.307, I. P. C. The charge laid was only for hurt under S.324, I. P. C. The result is that a case triable only by a Court of Session was laid before a Sub Magistrate.