IMPORTANT POINT
The court affirmed that intent to kill can be established through actions even if injuries are not fatal, validating convictions under attempted murder and related offences.

JUDGMENT :

A. BADHARUDEEN, J.

1. This appeal has been filed under Section 374 (2) of the Code of Criminal Procedure (`Cr.P.C’ for short) and the appellant is the sole accused in S.C.No.834 of 2005 on the files of III Additional Sessions Court, Ernakulam. Respondent is the State of Kerala.

2. Heard the learned counsel for the appellant/accused and the learned Public Prosecutor representing the prosecution.

3. The parties in this appeal shall be referred to as `prosecution’ as well as `the accused’ hereinafter for easy reference.

4. The prosecution allegation is that the accused herein, while engaged in illegal transport of river sand when intervened by the police, with intention to do away, one Stanley, a police constable, put down him from the lorry and ran over the lorry on him. Though Stanley sustained injuries, he survived. Accordingly, the prosecution alleged commission of offences punishable under Section s 341, 333 and 307 of the Indian Penal Code (`IPC’ for short) as well as under Section 38 r/w Section 52 of the Kerala Police Act and Section 22 r/w Section 20 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act (`Sand Act’ for short).

5. On committal, the case was made over to the learned Additional Sessions Judge. The Additional Sessions Judge framed charges for the offences alleged against the accused.

6. During trial, PW1 to PW21 were examined, Exts.P1 to P17, M.O1 and M.O2 series were marked on the side of the prosecution. Thereafter the accused was questioned under Section 313(1)(b) of Cr.P.C. Although an opportunity to adduce defense evidence was given to the accused, no defense evidence was adduced. Finally, the trial court found that the accused committed the offences punishable under Section s 341 , 333 and 307 of the IPC as well as under Section 38 r/w Section 52 of the Kerala Police Act and Section 22 r/w Section 20 of the Sand Act and accordingly he was sentenced as under:

“to undergo rigorous imprisonment for a period of 4 years and a fine of Rs.10,000/- for the offence punishable under Section 307 of the Indian Penal Code and in default of payment of fine to undergo simple imprisonment for a further period of 3 months, imprisonment for a period of 3 years and a fine of Rs.5,000/- for the offence punishable under Section 333 of the IPC and in default of payment of fine to undergo simple imprisonment for a further period of 2 months and a fine of Rs.250/- for the offence punishable under Section 341 of the IPC and in default of payment of fine to undergo simple imprisonment for a further period of 10 days and a fine of Rs.100/- for the offence punishable under Section 38 r/w Section 52 of the Police Act and in default of payment of fine to undergo simple imprisonment for a further period of 10 days and rigorous imprisonment for a period of 3 months for the offence punishable under Section 22 r/w Section 20 of the Sand Act. The sentence will run concurrently. The period of detention, if any, undergone by him as an under trial prisoner is set off.”

7. While assailing the conviction and sentence dated 24.07.2007, it is pointed out by the learned counsel for the accused that in Ext.P13 discharge certificate dated 25.01.2005 as that of Mr.Stanley E.P would suggest that the occurrence was the result of RTA (road traffic accident) at 9.50 p.m on 29.11.2004. It is pointed out further that PW17 exam