MOHAMMED KUNJU SHIHABUDDIN MAZIYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against him under Section 307 of the Indian Penal Code in S.C. No. 99 of 1991 of the Court of Session, Thiruvananthapuram. He is the first accused in the case. The case against the second accused was split up and refiled when he absconded. The revision petitioner, along with the accused Nos. 3 and 4 faced prosecution before the learned Additional Assistant Sessions Judge, Attingal, on the allegation that at about 10.00 a.m. 22.09.1990, at the sea shore at Arivalom, they assaulted the defacto complainant Kamarruddin Samad, and inflicted a very serious injury on his body with a chopper in an attempt on his life. The police registered the crime on the First Information Statement given by the defacto complainant, and submitted final report in court after investigation under Sections 324 and 307 IPC. The FIR was initially registered only under Section 324 IPC, but later Section 307 IPC was incorporated. The accused Nos. 1, 3 and 4 appeared before the learned trial Judge, and pleaded not guilty to the charge framed against them under Sections 324 and 307 IPC. The prosecution examined 8 witnesses, including the defacto complainant, and proved Exts.P1 to P9 documents in the trial court. The MO1 and MO2 properties, including the MO2 chopper (weapon of offence) were also identified during trial.

(2.) The accused denied the incriminating circumstances when examined under Section 313 Cr.P.C., and projected a defence that the victim probably sustained injury when he fell on a sharp object. The accused did not adduce any evidence in defence.

(3.) On an appreciation of the evidence, the trial court found the accused Nos. 3 and 4 not guilty of any offence, and accordingly they were acquitted. But the first accused was found guilty under Section 307 IPC. He was not found guilty under Section 324 IPC. On conviction, he was sentenced to undergo rigorous imprisonment for three years under Section 307 IPC.