CHITRADAS, S/O KRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant herein is the sole accused in S.C.No.42/ 1999 of the Court of Sessions, Kollam. He faced prosecution on the allegation that at about 11 a.m. on 20.11.1997, he trespassed into the tailoring shop of one Babu at Oonnilmoodu Junction [within the limits of the Paravoor (south)], being armed with 'bill hook', assaulted the said Babu and inflicted serious injuries on his body, in an attempt on his life, due to some other dispute between the parties regarding some property. The police registered the crime on the basis of the First Information Statement (FIS) given by one Stibu under Sections 450 and 307 IPC. Later, the statement in detail of the injured was recorded and the police proceeded for investigation. During investigation, the weapon of offence was also seized by the police at the instance of the accused under Section 27 of the Indian Evidence Act. After investigation, the police submitted final report in Court. On committal, the case came up in the Court of Sessions, from where, it was made over to the learned Additional Sessions Judge (Adhoc-I), Kollam for trial and disposal.

(2.) The accused appeared before the trial court and pleaded not guilty to the charge framed against him under Sections 450 and 307 IPC. The prosecution examined seven witnesses, and proved Exts.P1 to P10 documents in the trial court. The person, who gave FIS could not be examined as he had been away, and his presence could not be procured by the police. However, the FIS given by him was proved by the Investigating Officer. The MO1 bill hook was also identified by the material witnesses as the weapon of offence.

(3.) When examined under Section 313 Cr.P.C., the accused denied the incriminating circumstances, and projected a defence that the injured sustained injuries in a scuffle, when he trespassed into the property of the accused, being armed with scissors. The accused did not adduce any oral evidence in defence, but Ext.D1 remand report was marked on his side.