SUNNY AND SEBASTIAN, S/O DEVASSIA Vs. STATE

JUDGEMENT

(1.) This appeal is preferred against the judgment of conviction made in S.C.No.145/2003 on the files of the Additional Sessions Court (Adhoc) II Thodupuzha. The conviction is under Section 307 IPC and also under Section 3 r/w 25(1)(B) of Arms Act. The sentence is to undergo rigorous imprisonment for a period of four years and also to pay a fine of Rs. 10,000/- (Rupees Ten Thousand Only), with default simple imprisonment for one month under Section 307 of IPC. The appellant is also sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 2,000/- (Rupees Two Thousand Only), in default to undergo simple imprisonment for a period of fifteen days under Section 3 r/w section 25(1)(B) of Arms Act. It is directed that the sentence shall run concurrently.

(2.) The facts of the case necessary for disposal of this appeal is as follows: On 03.02.1997 at about 09.30 AM, the appellant herein came to the Panchayath Road lying in front of the residential house of PW1. Her husband was not in good terms with the appellant herein. When she saw him, she decided to go to her husband's work place. She locked the door and went outside the house. When the appellant uttered obscene words, she reacted, thereon he slapped on her face and thereon he pointed towards her the rifle in his hand and shot against her. She sustained injuries on her hands as well as on her neck area. When she ran to her husband's work place, the appellant chased her and inflicted an injury on the back of her chest using a knife and thereby committed the offence.

(3.) Originally, there were four accused. The other accused were prosecuted for an offence under Section 201 and 212 of IPC. The prosecution altogether examined fifteen witnesses and Exts.P1 to P27 marked. MO1 to MO9 also identified. DW1 examined, as well as D1 to D4 marked. After appreciating the evidence, the court below convicted the appellant herein for offence under Section 307 of IPC as well as under Section 3 r/w 25(1)(B) of Arms Act. The accused 2 to 4 were acquitted by the trial court. Challenging the said conviction and sentence, this appeal is preferred by first accused.