MADAPPEN MUHASSIN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is preferred against the conviction and sentence passed in S.C.17/01 of the 3rd Addl. Sessions Judge, Fast Tract Court-I, Thrissur. The Court below found the accused guilty and convicted him Under Section 325 IPC and directed him to undergo rigorous imprisonment for a period of four years and set off was allowed. It is against that decision the present appeal is preferred. The brief facts would reveal that both the deceased Sivaji and the accused Muhassin were employees in a hotel called Royal Hotel, Guruvayoor. At the early hours on 5.5.1997 there was a verbal exchange of words between Sivaji and the accused. The accused called Sivaji as 'aunt' and Sivaji in turn called the accused as 'dog'. Then there ensued a fight and deceased Sivaji was kicked on his chest which resulted in a fall on a cement floor with a banging sound. He was admitted in the Thahani Hospital to start with and referred to the Medical College Hospital, Thrissur where he died at 7 a.m. on 5.5.1997. The law was set in motion by the giving of Ext.P1 statement by PW2 in this case. The police after investigation charge sheeted the accused and the Court also framed charge Under Section 302 IPC. PWs.1 to 14 were examined. Exts.P1 to P12 and MO1 and MO2 were marked. The Court found that the accused had not committed the offence Under Section 302, 304 (II) IPC or 326 IPC but held that the offence will come under the ambit of Section 325 IPC and therefore convicted the accused and sentenced him to undergo simple imprisonment for a period of four years. It is against that verdict this appeal has been preferred.

(2.) The point that arises for determination is whether there is any sufficient ground to hold that the Court below has arrived at an incorrect decision by convicting the accused Under Section 325 IPC. Points:

(3.) As stated by me earlier the unfortunate incident resulted in the death of a co-worker. According to the prosecution at 0.45 a.m. on 5.5.1997 after the closure of the hotel where deceased Sivaji and the accused were working they decided to sleep on the cement floored portion of the hotel. It is submitted that at that time the accused called Sivaji by the word 'aunt' and the accused returned it with the word 'dog'. It is submitted that both these persons were fighting in the form of a karatte fight as disclosed in Ext.P1. It is also stated that the accused was beaten by Sivaji and Sivaji was also beaten and later the accused fisted on the chest of Sivaji which resulted in the fatal fall that resulted in his end. The Court below analysed the evidence of PW1 and the medical evidence to arrive at a decision that the evidence Under Section 325 has been made out.