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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.SUDHA, J
Aboobacker @ Avukar, S/o Cheriyabava, – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
(C.S. SUDHA, J.)
In this appeal filed under Section 374(2) Cr.P.C. the appellants, who are accused nos.1 and 2 (A1 and A2) in S.C.No.141/2004 on the file of the Court of Session, Kozhikode challenge the conviction entered and sentence passed against them for the offences punishable under Sections 450 and 307 IPC.
2. The prosecution case as stated in the final report/charge sheet is – the accused persons, five in number, who are Muslims had enmity towards Hindus residing in Maradu Beach, Kozhikode. In order to disturb the communal harmony between the Hindus and Muslims, to promote enmity between the two religions and to cause the death of CW1, Rajendran, the accused along with 20 other persons formed themselves into an unlawful assembly at about 07:45 p.m. on 03/01/2002. They trespassed into the house of CW1, pelted stones resulting in the window panes in front of the house of CW1 being broken causing damages to the tune of more than Rs.3,000/- to him. After trespassing into the house of CW1, A1 and A2 inflicted grievous injuries on CW1 by hacking him with swords and thereby attempted to murder him. Hence, as per the final report/charge sheet, the accused persons were allege
The absence of recovered weapons does not negate a conviction for attempted murder if credible eyewitness testimony and medical evidence support the charges.
Section 216 Cr.P.C. says that Court may alter or add to any charge at any time before judgment is pronounced.
Eyewitness testimony, even from an interested witness, can sustain a conviction if corroborated by credible evidence and circumstances.
Eyewitness testimony, especially from injured witnesses, is crucial in establishing guilt, and minor inconsistencies do not negate the overall reliability of their accounts.
When plea of alibi is raised, it is bounden duty of accused to prove the same in a convincing manner and on failure to do so, plea of alibi shall be negatived.
Prosecution must prove guilt beyond reasonable doubt; significant contradictions in witness testimony can invalidate a case leading to acquittal.
Point of law: Offence of Murder – Chain of circumstances proved – Common intention – Conviction justified.
Injured eyewitness evidence stands on higher pedestal; reliable without corroboration unless improbable. Delay in FIR, hostile witnesses' partial support, and medical/forensic corroboration sustain c....
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