CHARISTUDAS Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against him under Section 307 113 IPC. He faced prosecution before the learned Assistant Sessions Judge, Neyyattinkara, in S.C.No.144 of 1995, on the allegation that at about 11.30 PM, on 17.07.1994, he stabbed his own wife with a dagger on the various parts of her body, at the bedroom of the matrimonial home in an attempt on her life. The Police registered the crime on the basis of the First Information Statement given by the victim at the Medical College Hospital, Thiruvananthapuram on 18.07.1994, and after investigation, the Police submitted final report in court under Sections 307, 498A and 113 IPC against the revision petitioner and his father.

(2.) The two accused appeared before the learned trial judge and pleaded not guilty to the charge framed against them under Sections 307, 498A and 113 IPC. The prosecution examined twelve witnesses and proved Exts.P1 to P8 documents in the trial court. The MO1 to MO3 properties were also identified during trial. The accused denied the incriminating circumstances when examined under Section 313 Cr.P.C., and maintained a defence of total denial. However, the accused could not explain, how his wife sustained so many serious injuries at the bedroom of his house in the night. The accused examined one witness in defence as DW1.

(3.) On an appreciation of the evidence, the trial court found both the accused guilty. On conviction, they were sentenced to undergo rigorous imprisonment for two years under Section 498A IPC, the first accused was sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs.3, 000/- under Section 307 IPC, and the second accused was sentenced to undergo rigorous imprisonment for five years under Sections 307 and 113 IPC, and to pay a fine of Rs.3000/-.