KURIAN, S/O VARKEY Vs. STATE

JUDGEMENT

(1.) The appellant is the sole accused in the case S.C.No.390/2002 of the Court of Session, Ernakulam. Conviction entered and sentence passed against him under Sections 326 and 324 and the first part of Section 304 of the Indian Penal Code are assailed in this appeal.

(2.) The prosecution case is as follows: There was a case registered against the appellant alleging that on 01.06.1999 he had committed rape on the daughter of PW1. On 19.08.1999, the appellant went to the house of PW1 to have a talk of settlement of the aforesaid case. Boss, the son of the sister of PW1, then reached the house. He was totally opposed to any compromise in the matter. A wordy altercation took place between him and the appellant. They went out of the house of PW1 and reached the nearby pathway. Then, the appellant took out a chopper, which was concealed behind his body under the shirt, and he struck a blow with it on the neck of the deceased. He also assaulted PW1 to PW3 with the chopper and beat PW1 and PW4 with a stick and caused hurt to them. The deceased was taken to a hospital but he succumbed to the injury sustained on the neck. The incident took place at about 19.00 hours on 19.08.1999.

(3.) Pw21 Sub Inspector recorded Ext.P1 first information statement of PW1 at 22.00 hours on 19.08.1999 at the hospital. On the basis of that statement, Ext.P21 first information report was registered as Crime No.108/1999 of Oonnukal police station. PW23 Circle Inspector conducted the investigation of the case. After completing the investigation, he filed charge sheet against the appellant for the offences punishable under Sections 302, 326 and 324 of the Indian Penal Code.