NAJEEB Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein, who is the sole accused in SC.No.242/2003 of the Principal Assistant Sessions Court, North Paravoor, who stands convicted for offence punishable under section 307 of the Indian Penal Code, has approached this court, challenging the conviction and sentence.

(2.) The prosecution case is that, the accused who was the neighbour of the victim used to make unwarranted sexual comments at her. She allegedly complained it to her husband. As a retaliation, on 24.03.2002 at about 9.15 am., while she was making a telephone call at a public telephone booth, the accused, armed with a steel knife entered into the telephone booth, caught hold of her hair and inflicted cut injury on her neck with the knife declaring that he will kill her, she cried out loudly. The owner of the telephone booth and the neighbours immediately rushed to the spot and took her to the nearby hospital. She was admitted there and underwent emergency attention. She was discharged after eight days. First Information Statement was laid on the same day at 11 am by PW1, who was the neighbour. Ext.P1 First Information Statement was recorded and Crime No.66/2002 was registered by PW11 of the Kalamassery Police Station. Investigation was conducted by PW12 and PW13. After completion of the investigation, final report was laid. The accused faced the trial before the court below for offence punishable under section 307 of the Indian Penal Code.

(3.) On the side of the prosecution, PWs 1 to 13 were examined and Exts.P1 to P8 were marked. MO1 was identified. There was no defence evidence. On the basis of the available materials, the court below found the accused guilty, convicted and sentenced to undergo RI for 10 years and to pay a fine of Rs.1,00,000/- (Rupees one lakh only) under section 307 of the Indian Penal Code. In default of fine, he was directed to undergo SI for further period of one year. This is under challenge in the present proceedings.