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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bechu Kurian Thomas
Shafeeque – Appellant
Versus
State of Kerala – Respondent
ORDER :
Bechu Kurian Thomas, J.
The revision petitioners were initially tried for the offence under section 307 read with section34 of the Indian Penal Code, 1860 (for short 'IPC') and convicted to undergo rigorous imprisonment for two years apart from a fine of Rs.20,000/- each. In the appeal preferred by them before the Sessions Court, the conviction was altered to section 324 IPC and the accused were sentenced to undergo imprisonment for one year and to pay a fine of Rs.5,000/- each and in default to undergo rigorous imprisonment for three months each. Aggrieved thereby, the accused have preferred this revision petition.
2. Pro-section alleged that due to enmity with the defacto complainant, the accused had on 06.12.1997 trespassed into the pathway of the defacto complainant, armed with an iron pipe and knife, and with the intention to cause death of the defacto complainant, assaulted him brutally on his head and abdomen and inflicted serious injuries, thereby committing the offences under sections 307 and 447 read with section 34 of the IPC.
3. In order to prove the prosecution case, PW 1 to PW13 were examined and Ext.P1 to Ext.P5 were marked while the defence examined DW1 and DW2
The court affirmed the change of conviction from section 307 to section 324 IPC due to insufficient evidence of intent to kill, establishing the necessity of clear evidence for higher charges.
The requirement of intention is crucial in establishing liability under Section 307 IPC, distinguishing it from lesser charges.
The appellate court's modification of conviction from Section 307 to Section 324 IPC was justified due to insufficient evidence of grievous injury, upheld by the revisional court.
The court emphasized the standard for framing charges, allowing for a prima facie case based on the evidence without requiring a full trial.
The court affirmed that for Section 307 IPC, causing hurt with intent or knowledge is sufficient, and the trial court must assess evidence to determine if charges are warranted.
Intent and knowledge regarding the commission of offences under Section 307 IPC can be inferred from actions and circumstances, regardless of the nature or extent of actual injuries inflicted.
Conviction under Section 324 IPC upheld based on evidence, while the charge under Section 307 IPC was invalidated due to lack of intent, leading to a reduced sentence based on the time elapsed since ....
At the charge framing stage, the court only needs to establish a prima facie case indicating the accused might have committed the offence, without delving into the sufficiency of evidence.
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