MANI Vs. STATE OF KERALA

JUDGEMENT

(1.) TWO youngsters armed with lethal weapons-revolver and knife-made entry into the residence of a medical practitioner and demanded money at gun point, but before they could get the booty they had to flee out as the neighbours rushed in. This is the grave men of the prosecution story. TWO more persons were also arraigned as accused along with them, as the investigation revealed their involvement along with other two.

(2.) THE principal assailant who had the revolver was not alive during trial as he committed suicide before the commencement of trial. (He will be referred to as the first accused for convenience). So, the case proceeded against the remaining accused. THE Assistant Sessions Judge convicted the appellant for the offences under Sec.393 of the Indian Penal Code and Sec.25(1-B) of the Arms Act and sentenced him to imprisonment and fine. THE term of imprisonment awarded for the first count was seven years being the minimum prescribed by Sec.398 of the I.P.C.

(3.) THE doctor, his wife and one of the domestic servants (P.Ws.1 to 3) narrated the incident in the trial Court. THEy identified the appellant as the knife holding intruder. One of the neighbours who rushed to the scene, a college Professor (P.W.4), has corroborated the version regarding the incident, although he did not identify the intruders. THE Assistant Sessions Judge found that the appellant had attempted to commit robbery, and was in possession of the revolver and cartridges without licence. He was accordingly convicted and sentenced as aforesaid.