P. RAJAN AND ORS. Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioners herein are the accused Nos. 1 to 4 in S.C.No. 257 of 2002 of the Court of Session, Palakkad. They and two others faced prosecution in the court below under Sections 143, 147, 148, 341, 326 and 307 read with Section 149 of the Indian Penal Code on the allegation that at about 9.00 a.m. on 11.03.1999, on the public road in front of the West basic School at Athirkkad, they assaulted the defacto complainant, Sakunthala due to previous enmity in connection with a then pending dispute, and they inflicted serious and grievous injuries on the various parts of her body with wooden sticks, in an attempt on her life. The Police registered the crime on the First Information Statement given by the said Sakunthala at the Seventh day Hospital at Ottappalam, where she was first admitted. After three days, Sakunthala was referred to a higher centre for expert management. She continued there for about 2B= months as inpatient. After investigation, the Police submitted final report in court.

(2.) All the accused appeared before the learned Assistant Sessions Judge, Ottappalam, and pleaded not guilty to the charge framed against them under the above Sections. The prosecution examined 11 witnesses, and proved Exts.P1 to P7 documents. The MO1 series weapons of offence, and the MO2 series dress materials were also identified during trial.

(3.) When examined under Section 313 Cr.P.C., the accused denied the incriminating circumstances, and projected a defence of total denial. They did not explain how Sakunathala sustained so many fractures on her body. The accused examined one witness as DW1 in defence.