HARIDAS @ DAS Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against him under Sections 307 and 332 I.P.C in S.C 277/1997 of the Court of Session, Thiruvananthapuram. He faced prosecution before the learned Assistant Sessions Judge, Attingal on the allegation that at about 8 p.m on 12.2.1993, he drove his car No.KL01C -7207 in high speed at the Kallambalam junction and drove it towards the Police party led by the Sub Inspector of Police, controlling traffic there, in such a way as to hit him down, in an attempt on the life of the Sub Inspector due to some previous enmity, the Sub Inspector tactfully escaped from the said attempt, but in the said transaction, two Police Constables of the Police party sustained simple injuries. The crime was registered suo motu by the Sub Inspector, and the case was investigated by the Circle Inspector of Police, Varkala. After investigation, he submitted final report in court.

(2.) The accused appeared before the learned trial Judge and pleaded not guilty to the charge framed against him. The prosecution examined 12 witnesses and proved Exts.P1 to P9 documents in the trial court. The accused denied the incriminating circumstances when examined under Section 313 Cr.P.C and projected a defence of total denial. He did not adduce any evidence in defence.

(3.) On an appreciation of the evidence, the trial court found the accused guilty under both the sections. On conviction, he was sentenced to undergo rigorous imprisonment for two years and to pay a fine of 5000/- ? under Section 307 I.P.C, and to undergo simple imprisonment for one year under Section 332 I.P.C.