The court held that for a conviction under IPC Section 326, reliable corroborative evidence is essential, especially when eyewitness accounts contain significant inconsistencies.

JUDGMENT

This appeal is directed against judgment dated 05.03.2004 of Judicial First Class Magistrate Court, Kothamangalam in CC No.362/1999. The appellant was the sole accused in the said case. He was chargesheeted by the police for the offence punishable under Section 326 IPC . The court below framed charge against the accused for the very offence. He was tried for the offence and was acquitted by the court below under Section 248 (1) Cr.P.C. It is against the judgment finding him not guilty of the offence under and acquitting him that the Prosecutor has approached this Court in the captioned appeal.

2. Sri.P.V. Elias addressed the matter on behalf of the respondent/accused and Smt.Sheeba K.K. submitted argument on behalf of the appellant/prosecution.

3. In view of the rival contentions raised before this Court, it is relevant to have an understanding about the case of the prosecution in brief :

The case of the prosecution was that due to previous animosity towards CW1 on 03.04.1999 at midnight, the accused cut CW1 with a chopper on his body, legs below the knee and inflicted grievous injuries. The place of occurrence according to the prosecution, is Paingottoor in Kadavoor Village. The reason for the enmity among CW1 and the accused, according to the prosecution, is the affair that was existing among CW1 and one Mrs.Lissie, who is none other than the wife of the accused.

4. After the incident occurred at midnight of 03.04.1999, CW1 was transported to Taluk Hospital, Muvattupuzha. First aid was given at the hospital and he was transported to Medical College Hospital, Kottayam for better management. CW1 had sustained grave injuries on both his legs and compound fracture on one of the legs. He was treated at Medical College Hospital, Kottayam from 04.04.1999 till 17.04.1999. He lodged a First Information Statement from the Hospital which was recorded by CW9, the Assistant Sub Inspector of Police, Pothanicad. Crime was registered as FIR 38/1999 of Pothanicad Police Station. Investigation was conducted by CW10, the Assistant Sub Inspector of Police, Pothanicad. The witnesses were questioned and after concluding the investigation a final report was prepared and laid before the Judicial First Class Magistrate Court No.II, Muvattupuzha, chargesheeting the accused for the offence under Section 326 IPC .

5. The Judicial First Class Magistrate Court-II, Muvattupuzha received the final report on file and numbered it as CC No.326/99. After hearing the prosecution and the counsel representing the accused, charge was framed for the offence under Section 326 IPC . Charge was read over and explained to the accused and he pleaded not guilty. He faced trial before the Judicial First Class Magistrate Court, Kothamangalam (for short 'the court below').

6. On the side of the prosecution 9 witnesses were examined as PWs 1 to 9. 6 documents were marked as Exts.P1 to P6 and material Object was marked as MO1.

7. PW1 is none other than the defacto complainant in the case on hand. PW2 is an independent witness, who according to the prosecution, had witnessed the occurrence. PWs 3 and 4 are witnesses to the mahazar. PW5 is Dr.Reghukumar, who had examined PW1 at Taluk Hospital, Muvattupuzha and prepared Ext.P3 wound certificate. PW6 is also an independent witness and according to the prosecution he had witnessed the occurrence. PW7 is a witness to the seizure mahazar. PW8 is the Assistant Sub Inspector of Police, who prepared the FIR based on the FIS lodged by PW1. PW9 is Dr.Diju Thomas of Medical College Hospital, Kottayam who had prepared and signed Ext.P6 discharge certificate. MO1 in the case is the Chopper allegedly used in the commission of the offence.

8. The argument of Smt.Sheeba K.K., the learned Public Prosecutor was that PW1, the injured had specifically deposed before the court about the material aspects of the case of the prosecution. According to her, he had sustained grievous injuries in the attack by the accused. According to her, the incid