IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V &

THE HONOURABLE MR.JUSTICE P. V. BALAKRISHNAN ST FRIDAY, THE 21 DAY OF FEBRUARY 2025 / 2ND PHALGUNA, 1946 CRL.A NO. 16 OF 2018 AGAINST THE JUDGMENT DATED 20.12.2017 IN SC NO.244 OF 2015 OF ADDITIONAL DISTRICT COURT (SPECIAL COURT FOR TRIAL OF SC/ST(PA)ACT), KOZHIKODE)

APPELLANT/ACCUSED:

KUNHOYI AGED 60 YEARS, S/O ALAVI, AAKKOOTTU CHALIL HOUSE,ALLI P.O, MUKKAM, KOZHIKODE DISTRICT.

BY ADVS.

SRI.RENJITH B.MARAR SRI.R.ANAS MUHAMMED SHAMNAD SMT.LAKSHMI.N.KAIMAL SMT.RESHMI JACOB SRI.T.U.SUJITH KUMAR SRI.P.S.SYAMKUTTAN SRI.P.VISHNU PAZHANGANAT RESPONDENT/COMPLAINANT:

1 STATE OF KERALA REPRESENTED BY THE DEPUTY INSPECTOR OF POLICE, THAMARASSERY POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

ADDL 2 SHANMUGADAS S/O BALAN NEDUMBALI(H),AMARAD NEDUBALAMALA, KATTIPARA P.O,KOZHIKODE-6730574 (IMPLEADED AS PER ORDER DATED 27/9/24 IN CRL.M.A 2/24)

BY SMT. NEEMA T.V, SENIOR PUBLIC PROSECUTOR THIS CRIMINAL APPEAL HAVING COME UP FOR FINAL HEARING ON

21.02.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

J U D G M E N T

Raja Vijayaraghavan, J.

The appellant herein stands convicted by the Special Judge for the Trial of SC/ST (PA) Act Cases/ Sessions Judge, Kozhikode, and was sentenced to undergo imprisonment for life and to pay a fine of Rs.1,00,000/- and in default, to undergo a further period of two years under Section 307 of the IPC r/w. Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for brevity “SC/ST (PoA) Act”). Challenging the finding of guilt conviction and sentence, the appellant has preferred this appeal.

2. The facts fall within a short compass. One Hussain Haji (CW7) owned a piece of property at Kidangoor, where the appellant was employed as a Supervisor. For carrying out works on the property, the appellant used to employ PW1 (Shanmughadas) as well. The relationship between the appellant and PW1 was strained as on an earlier occasion counterfeit currency notes were given to PW1 as wages by the appellant. While so, on 28.09.2014 at about 10.30-10.45 a.m., when the disconnection of the water supply to the house of the appellant was questioned, the accused, after exhorting that he would teach the appellant a lesson for flaunting his power as a Cheraman, attacked PW1 with a chopper from behind. When he turned his face, the cut fell on the right side of his face causing serious injuries to the face, forehead, and eyelids.

3. Immediately after the incident, PW1 was rushed to the Medical College Hospital by PW2 (Rajeev) and PW4 (Babuleyan) in the jeep driven by PW9 (Manoj). PW6 (Dr. Ranjini) examined PW1 and issued Ext.P4 Accident Register-Wound Certificate. Ext.P1 FI Statement was then recorded by PW13, the Senior CPO attached to the Thamarassery Police Station, and registered Ext.P1(a) FIR under Section 307 r/w. Section 34 of the IPC and Section 3(1)(x) and 3(2)(v) of the SC/ST (PoA) Act. One Noorudheen was arrayed as the 2nd accused in the FIR, and the specific allegation against him was that he had handed over the chopper to the appellant with which the cut injury was inflicted.

4. The investigation was then taken over by PW11, the Deputy Superintendent of Police, Thamarassery. He prepared Ext.P3 Scene Mahazar. The site sketch was prepared by PW7, and in terms of the directions issued by the Investigation Officer, Ext.P6 Caste Certificate was issued by PW8, the Tahsildar, Thamarassery. Ext.P9 Caste Certificate of the accused was issued by PW12, the Village Officer, Kumaranalloor. In the course of the investigation, as it was revealed that the 2nd accused in the FIR was not involved in the incident, Ext.P10 report was forwarded to the Court, seeking to delete the name. Later, Ext.P11 report was submitted seeking to incorporate Section 326 of the IPC. After completing the investigation, final report was laid before the jurisdictional Magistrate.

5. Committal proceed