IMPORTANT POINT
The court emphasized the necessity of independent witness testimony and the burden of proof on the accused for the plea of alibi in criminal proceedings.

ORDER :

A. BADHARUDEEN, J.

This Revision Petition has been filed under Sections 397 and 401 of the Code of Criminal Procedure (`Cr.P.C’ for short) challenging judgment in Crl.Appeal No.51/2021 on the files of the Sessions Court, Kollam, arising out of the judgment in S.C.No.1143/2016 on the files of the Principal Assistant Sessions Court, Kollam.

2. Heard the learned counsel for the revision petitioner and the learned Public Prosecutor in detail. Perused the verdicts under challenge.

3. Prosecution allegation is that at about 8.30 a.m on 30.05.2014, the accused persons in furtherance of their common intention to commit culpable homicide not amounting to murder, assaulted the defacto complainant. The specific allegation is that the 2nd accused wrongfully restrained the defacto complainant, then the 1st accused attacked her with an iron pipe aiming at her head and accordingly, the defacto complainant sustained wound on the left side of her head. Again, the 1st accused hit the defacto complainant by using an iron pipe and thereby she sustained fracture on her left hand ring finger. Again she was beaten on her right shoulder, left ribs and legs by the 1st accused, while attempting to cause her death, though she survived. On the basis of these allegations, crime was registered alleging commission of offences punishable under Sections 341, 324, 326 and 308 r/w 34 of the Indian Penal Code, 1860 (`IPC’ for short).

4. On completion of investigation, final report also was filed before the learned Magistrate and it was committed to the Sessions Judge, Kollam, and made over to the Principal Assistant Sessions Court, Kollam, where the matter was tried.

5. During trial, PWs 1 to 9 were examined and Exts.P1 to P9 were marked on the side of the prosecution. M.O.Nos.1 to 3 also were marked. On the defence side, DW1 was examined. On an anxious consideration of the evidence tendered, the learned Assistant Sessions Judge found that the 1st accused committed offences punishable under Sections 341, 324, 326 and 308 r/w 34 of IPC beyond reasonable doubt. Since the 2nd accused died before trial, the case against the 2nd accused recorded as abated. Accordingly, the 1st accused was sentenced to undergo simple imprisonment for a period of one month for offence u/s.341 r/w 34 IPC. He was sentenced to undergo simple imprisonment for a period of one year and to pay a fine of Rs.5000/- (Rupees Five Thousand only) and in default of payment of fine to undergo simple imprisonment for a further period of two months for offence u/s.324 r/w 34 IPC. He was sentenced to undergo simple imprisonment for a period of three years and to pay a fine of Rs.25,000/- (Rupees Twenty Five Thousand only) and in default of payment of fine to undergo simple imprisonment for a further period of six months for offence u/s. 326 r/w 34 IPC. He was also sentenced to undergo simple imprisonment for a period of five years and to pay a fine of Rs.25,000/- (Rupees Twenty Five Thousand only) and in default of payment of fine to undergo simple imprisonment for a further period of six months for offence u/s. 308 r/w 34 IPC. Substantive sentence ordered to run concurrently. Fine if released was ordered to be given in full to PW1.

6. The 1st accused assailed the finding of the trial court before the Sessions Court, Kollam and the learned Principal Sessions Judge considered the appeal and re-appreciated the evidence meticulously. Finally allowed the appeal in part, setting aside the conviction and sentence imposed for the offences punishable under Sections 341 and 308 of IPC, while confirming conviction for the offences punishable under Sections 324 and 326 of IPC. But the appellate court modified the sentence as under:

“The appellant is sentenced to undergo simple imprisonment for six months and to pay a fine of Rs.30,000/- for the offence punishable under Section 324 of the Indian Penal Code. If there is any default in payment of fine, the appellant shall suffer Simple Imprisonment for a further peri