NARAYANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused, who stands convicted for offence punishable under section 308 IPC by the Additional Sessions Judge (Ad-hoc II), Ernakulam in SC No.712/2005, is the appellant herein.

(2.) The crux of the prosecution case is that, the accused was maintaining an enimity towards the victim, who is PW1, on an allegation that he had spread rumors about the wife of the accused. In retaliation for that, on 12/3/2003 at about 3.30 p.m., while the victim was having tea in a tea shop run by PW2, accused, armed with a dangerous weapon attacked him with the intention of committing culpable homicide and caused bodily injury on his neck. The victim was rushed to the hospital where he underwent treatment for eight days. FIS was laid, pursuant to which crime was registered and after investigation, final report was laid.

(3.) Accused appeared and pleaded not guilty. Prosecution paraded PW 1 to PW9 and relied on Exts.P1 to P6 documents. MO1 was the material object. On the side of the accused, there was no oral evidence, but he relied on Exts.D1 to D3 portions of section 161 statements given by CW4 who was examined as PW5.