KOCHAPPAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein is the 1st accused in S.C. No.151/2000 of the Court of Session, Thrissur. He faced trial before the learned Principal Assistant Sessions Judge, Thrissur under Sections 341, 324 and 307 read with Section 34 IPC along with three others on the allegation that at about 7.30 p.m. on 2.1.1999, at Kainoor, in front of the C.I.T.U Office, he and the others assaulted the de facto complainant Rajan, after a wordy quarrel between them, and they inflicted serious injuries on the body of the said Rajan, including a penetrating injury on his abdomen causing protrusion of intestine, with a broken glass bottle. The police registered the crime on the F.I.Statement given by one Johny at 11.30 a.m. on 3.1.1999. After investigation, the police submitted final report in court. All the accused appeared before the learned trial Judge, and pleaded not guilty to the charge framed against them under Sections 341, 324 and 307 IPC.

(2.) The prosecution examined eight witnesses and proved Exts.P1 to P21 documents in the trial court. The MO1 to MO7 properties, including the broken glass bottle, with which the accused allegedly inflicted serious injuries, were also identified during trial. When examined under Section 313 Cr.P.C., all the accused denied the incriminating circumstances, and projected a defence that Rajan probably sustained injuries when he fell on a broken glass piece during a scuffle that ensued at the place of incident. In defence, the accused did not adduce any oral evidence, but, Exts.D1 to D3 were marked.

(3.) On an appreciation of the evidence, the trial court found the accused Nos.2 to 4 not guilty of any of the offences, and accordingly, they were acquitted, but the 1st accused was found guilty under Section 307 IPC. The court did not find him guilty under Sections 341 and 324 IPC. On conviction, the 1st accused was sentenced to undergo rigorous imprisonment for three years under Section 307 IPC. Aggrieved by the judgment of conviction dated 11.4.2003, the 1st accused approached the Court of Session, Thrissur with Crl.A. No.305/200 In appeal, the learned IIIrd Additional Sessions Judge (Adhoc) , Thrissur confirmed the conviction and sentence, and accordingly, dismissed the appeal. Now the accused is before this Court in revision challenging the legality and propriety of the conviction and sentence.