IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN FRIDAY, THE 1^ST DAY OF MARCH 2024 / 11TH PHALGUNA, 1945 CRL.REV.PET NO. 171 OF 2024 AGAINST THE JUDGMENT DATED 29.11.2023 IN CRL.A NO.178 OF 2019 OF II ADDITIONAL SESSIONS COURT,THIRUVANANTHAPURAM ARISING OUT OF THE JUDGMENT DATED 29.08.2019 IN SC NO.583 OF 2008 OF ASSISTANT SESSIONS COURT, NEYYATTINKARA REVISION PETITIONER/APPELLANT/ACCUSED:

RAJAN AGED 60 YEARS S/O SANKARAN NADAR, RESIDING AT CHRIST VIHAR, THIRUPURAM P.O, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT., PIN - 695133 BY ADV SUMAN CHAKRAVARTHY RESPONDENT/STATE:

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 BY ADV.SRI C N PRABHAKARAN, SENIOR PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 01.03.2024, ALONG WITH Crl.Rev.Pet.175/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN FRIDAY, THE 1^ST DAY OF MARCH 2024 / 11TH PHALGUNA, 1945 CRL.REV.PET NO. 175 OF 2024 AGAINST THE JUDGMENT DATED 29.11.2023 IN CRL.A NO.180 OF 2019 OF II ADDITIONAL DISTRICT COURT,THIRUVANANTHAPURAM ARISING OUT OF THE JUDGMENT DATED 29.08.2019 IN SC NO.583 OF 2008 OF ASSISTANT SESSIONS COURT, NEYYATTINKARA REVISION PETITIONERS/APPELLANTS/ACCUSED NO.1,5 &6:

1 JOHNY AGED 48 YEARS S/O RETNAYYAN, RESIDING AT JOHNY BHAVAN PAZHAYAKADA, THIRUPURAM, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT, PIN - 695121

2 SHIBU AGED 40 YEARS S/O GANGADHARAN NADAR, RESIDING AT KATTUVILA VEEDU, THIRUPPURAM, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT, PIN - 695121

3 SHIJU AGED 41 YEARS S/O RAJ JOHN, RESIDING AT KALLUMUGHAM, S.R.NIVAS, THIRUPPURAM, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT, PIN - 695121 BY ADVS.

J.R.PREM NAVAZ SUMEEN S.

MUHAMMED SWADIQ O.MOHAMED BASIL KOYA THANGAL RESPONDENT/RESPONDENT/COMPLAINANT:

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682031 BY ADV.SRI C N PRABHAKARAN, SENIOR PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 01.03.2024, ALONG WITH Crl.Rev.Pet.171/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

Heard both sides.

2. It is against the judgment of conviction concurrently by the trial court and the First Appellate Court for the offences punishable under Section 324, 143, 147 IPC r/w 149 IPC, the accused Nos.1,5,6 and accused No.7 came up separately by these two revisions.

3. The main offence alleged is under Section

324 IPC, in which the accused No.1 attacked the defacto complainant with a chopper. Corresponding injuries were noted in the wound certificates drawn, Ext.P2 and Ext.P3, by the Doctor, who examined the victims, PW4. The allegation and the overt act specified against accused Nos.5, 6 and 7 is that they have pelted bricks and stones against the victims, for which also corresponding injuries were noted in the wound certificates by PW4, the Doctor, who attended the victim and had drawn Exts.P2 and P3 wound certificates. During the course of cross-examination, a suggestion was put up as to whether these injuries could be possible by a fall, and it was answered affirmatively. But that will not take away the very cause of the injuries by pelting a stone, which was also spoken to by PW4, the Doctor. The existence of a different hypothesis pertaining to the origin of the injuries hence is not fatal to the proescution. PW2 and PW3 are the other two witnesses who have given sufficient corroboration to the oral testimony of PW1, besides the medical evidence tendered through PW3 and Exts.P2 and P3 wound certificates. The crime was registered without any inordinate delay, and it is evident from the FIR, which also gives sufficient corroboration to the main substratum of the prosecution case as spoken to by PW1 and PW2. It is, inter alia, contended by the learned counsel for the revision petitioners that the weapon used for the commission of the offence was no