KRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Against the judgment of conviction and order of sentence for the offence punishable under Sections 459, 397 and 307 read with Section 34 IPC in Sessions Case No. 356/2013 on the file of Additional Sessions Judge-II, Kottayam, dated 07.04.2015, the accused Nos. 1 and 2 came up with these two appeals.

(2.) The accused Nos. 1 and 2 were tried for the offence punishable under Sections 459, 397 and 307 read with Section 34 IPC on the allegation that they along with accused No. 3 in furtherance of their common intention criminally trespassed into the house of PW 1 by break opening the door of the dwelling house and snatched away a gold chain weighing 18 gms worn by her and in that attempt they gave a cut injury with a knife on the head of PW 2 and also attacked PW 1 with a knife taken from accused No. 3. The accused Nos. 1 and 2 inflicted several injuries on PW 2 and then ran away from the place of occurrence. The alleged incident took place at 2.15 a.m. On 15.02.2013.

(3.) The learned Sessions Judge relied on the ocular evidence tendered by two eye witnesses -PW 1 and PW 2 and the oral evidence tendered by PW 10, an expert who had collected finger print from the place of occurrence which were found to be tallying with the finger print of accused No. 2 and Exhibit P8 report submitted by him. The Doctor who attended one of the victims, PW 2, was examined as PW 8 and got marked Exhibit P6 wound certificate. The injuries noted are grievous in nature and could be possible by MO 1 knife. Exhibit P18 is the treatment record. He had undergone treatment as inpatient from 15.02.2013 to 19.02.2013. MO 1 is the knife - small in size, MO 2 is the knife - big in size. MO8 is the chopper.