CHEERANTHODI SHOUKATHALI Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner in Crl.R.P. No.593/2002 is the 1st accused in S.C. No.13/1992 of the Court of Session, Manjeri. He challenges the conviction and sentence against him. The de facto complainant in the said case is the revision petitioner in Crl.R.P. No.1638/2003. As on the date of incident, the de facto complainant was an accused in a case under Section 302 IPC, relating to the murder of the brother of the accused. The de facto complainant was in judicial remand at that time. The prosecution case is that when he was being taken to the Sub Jail, Manjeri from the Judicial First Class Magistrate Court, Malappuram, after production there, the 1st accused stealthily came from behind, and inflicted a very serious injury on his back with a dagger, in the presence of the two police constables escorting him to the jail. The police registered the crime on the basis of the F.I.Statement given by the de facto complainant, and after investigation, submitted final report in court under Section 307 read with Section 34 IPC against the revision petitioner and another person. The case came up for trial before the learned Assistant Sessions Judge, Manjeri. The accused appeared before the learned trial Judge, and pleaded not guilty to the charge framed against them under Section 307 IPC.

(2.) The prosecution examined 15 witnesses, and proved Exts.P1 to P12 documents in the trial court. The MO1 to MO4 properties, including the weapon of offence were also identified during trial. The accused denied the incriminating circumstances, when examined under Section 313 Cr.P.C. They did not adduce any oral evidence in defence, but Exts.D1 to D3 documents were marked on their side.

(3.) On an appreciation of the evidence, the trial court found the 2nd accused not guilty, and accordingly, he was acquitted. But, the 1st accused was found guilty under Section 307 IPC. On conviction, he was sentenced to undergo rigorous imprisonment for seven years. Aggrieved by the judgment of conviction dated 25.8.1995, the 1st accused approached the Court of Session, Manjeri with Crl.A. No.125/1995. In appeal, the learned Sessions Judge altered the conviction to one under Section 324 IPC, on the finding that there is no sufficient material, including medical evidence for a finding under Section 307 IPC. Accordingly, the sentence was also modified and reduced to rigorous imprisonment for three years, and a fine of Rs.5, 000/-, by judgment dated 12.4.2002. Now the 1st accused is before this Court in revision, challenging the legality and propriety of the conviction and sentence.