PADMANABHAN PILLAY PARAMESWARAN PILLAI Vs. SIRKAR

JUDGEMENT

(1.) The appeal has been preferred by the accused in Sessions Case No. 12 of 1124 on the file of the Trivandrum Sessions Court against his conviction under S.326 T.P.C., and sentence of 6 months, rigorous imprisonment passed by the Additional Sessions Judge.

(2.) The accused and PW 1 to 3 and 8 are members of a divided Nair tarwad. Accused belongs to one branch while PWs 1 to 3 and 8 belong to another branch. The accused is living in a compound to the immediate north of the house in which PW 1 to 3 and 8 are residing. There are long standing disputes between the members of these two branches. In between the houses of the accused and PW 1 to 3 and 8 is situated a property about which also there is some dispute between the parties. On 29.5.1123 the accused took a calf to the compound belonging to PW 2 and tied it to a young cocoanut tree. PW 2 again united the calf. This led to a quarrel in the course of which the accused abused PW 2 and threatened her with worse consequence. PW 11 a retired Inspector of Police is PW 2s sisters husband. He was informed about this incident by PW 2 and he put in a complaint against the accused, his sister and aunt before the Nemom Police. The Police issued notice to the accused, his sister and other female members of the family on this petition. Enraged by this the accused went to the house of PW 1 at about 10 P.M. on 5.6.1123, set fire to an out house in that compound and inflicted a cut on PW 1 with M.O. 2 chopper while PW 1 was sleeping in a cot in the front portion of his house. On sustaining the cut PW 1 woke up and cried aloud. He immediately jumped into the verandha and noticed the accused escaping from the place with the chopper. The cry of PW 1 attracted PW 2 and 3 to the scene, and they also raised a hue and cry. Some of the neighbours came to the place and saw the out house on fire and PW 1 with bleeding wounds on his fingers. They put out the fire and gave first aid to PW 1. PW 1 was taken to the Police Station during the night. The accused also appeared before the Police Station and surrendered the chopper. The police after recording the statement of PW 1 sent him for treatment to the General Hospital, Trivandrum. The accused was placed under arrest and the next day he was sent to the 2nd Class Magistrate, Neyyattinkara for recording his confession, Ext. K. After completing the investigation the Police charged the accused for offences under S.307 and 437 T.P.C. The Magistrate completed preliminary enquiry and committed the accused to the Sessions Court of Trivandrum to stand his trial. The Additional Sessions Judge, who tried the case acquitted the accused of offences under Ss. 307 and 437 but convicted him under S. 326 for having caused grievous hurt to PW 1 and sentenced him to undergo rigorous imprisonment for six months.

(3.) There s no dispute that PW 1 sustained the injuries found on him. He had four incised injuries of which one was on the right little finger and the other three on the fingers of the left hand. PW 9 the Medical Officer, says that all these injuries could have been caused by a cut with M.O. 2 chopper. Ext. D is the wound certificate.