NAJMUDHEEN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is filed by the victim challenging the judgment dated 29/1/2014 in SC No.280/2008 of the Sessions Court, Kozhikode by which the accused were acquitted for the offence under Sections 341, 326 and 307 r/w 34 of I.P.C. and they were acquitted under Section 235(1) of Cr.P.C.

(2.) The case of the prosecution is as follows:- While PW2 (the injured) and his friends PW1, PW3 and a few others were returning after a housewarming function in a jeep bearing Regn.No.KL-11D-81, when they reached near Narikunni bus stand, all the accused in furtherance of their common intention wrongfully restrained the above jeep, A1 approached PW2, who was driving the jeep and told him that he want to say something. PW2 alighted from the jeep went with A1, and when they reached in front of S.K.Associates, A1 took a knife from his waist and with an intention to kill PW2, he stabbed him with his knife causing serious injuries. The accused were charged with offence under Sections 341, 326 and 307 read with 34 of the Indian Penal Code, 1860 (for short 'IPC').

(3.) The charge was originally laid before the Judicial First Class Magistrate I, Thamarasserry, which was committed to the Sessions Court, Kozhikode. The Sessions Judge made over the case initially to the IIIrd Additional Sessions Court, Kozhikode, and later to the Vth Additional Sessions Court.