IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

TUESDAY, THE 15TH DAY OF DECEMBER 2015/24TH AGRAHAYANA, 1937

CRL.A.No. 1116 of 2014 ()

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AGAINST THE JUDGMENT IN SC 173/2013 of SPECIAL COURT (ATROCITIES

AGAINST SC/ST), MANJERI DATED 30-09-2014

APPELLANT/ACCUSED:

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AKBAR AGED 34 YEARS

S/O.ABDU, NEDUMBA HOUSE, CHEMBRASSERY AMSOM

SHAPPUMPADY, PERINTALMANNA TALUK, MALAPPURAM DISTRICT.

BY ADV. JOSWIN THAMBI KUNNATH (SATATE BRIEF)

RESPONDENT/COMPLAINANT:

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STATE OF KERALA

REPRESENTED BY PUBLIC PROSECUTOR

HIGH COURT OF KERALA, ERNAKULAM.

BY ADV. PUBLIC PROSECUTOR:SMT.M.G.LISHA

THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 15-12-2015,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

SUNIL THOMAS, J.

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Crl.A.No.1116 of 2014

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Dated this the 15^th day of December, 2015

JUDGMENT

The sole accused who faced the trial for offences

punishable under Sections 341 and 307 of the Indian Penal Code

and Section 3(2)(v) of SC/ST (POA) Act is the appellant herein.

2.

The crux of the prosecution allegation was that on

16.09.2012 at about 2 p.m., while PW1 and PW2 were travelling in

a motor cycle, the accused intercepted them, took out a knife and

stabbed on the abdomen of PW2. He sustained grievous injuries

and was immediately rushed to the nearby hospital. From there,

he was taken to the Korambayil hospital, Manjeri and thereafter,

taken to Moulana Hospital, Perinthalmanna. On the basis of the

information lodged, FIR was registered and after investigation,

final report was laid alleging commission of offences referred

above. Before the trial court, the accused pleaded not guilty and

demanded trial. On the side of the prosecution, PWs.1 to 15 were

examined, Exts.P1 to P16 were marked and MOs.1 to 4 were

identified. Court below, on an evaluation of the available

materials, concluded that the offence under Section 3(2)(v) of the

Crl.A.1116/14

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SC/ST (POA) Act was not proved and acquitted him. Learned

Sessions Judge found the accused guilty of offences punishable

under Sections 341 and 307 of the IPC, convicted and sentenced

him to undergo one month simple imprisonment for the offence

punishable under Section 341 of IPC and for offence proved under

Section 307 of IPC, to undergo rigorous imprisonment for 10 years

and to pay a fine of Rs.15,000/- and in default, to undergo simple

imprisonment for three months. The accused, who is in jail, has

preferred this appeal.

3.

Since he was unable to defend himself through counsel

of his choice, Adv.Joswin Thambi Kunnath was appointed as the

counsel on State Brief who marshalled all available points on

behalf of the accused. It was well defended by Adv.M.G.Lisha,

learned Public Prosecutor. Examined the records.

4.

The prosecution case is essentially sought to be proved

through the evidence of PWs.1 and 2. PW1 was the person who

was driving the motor cycle at the time of incident. He had given

in detail the facts that ultimately led to the incident. The version of

PW1 is specifically spoken to and corroborated by the version of

PW2, the injured himself. Records reveal that he had sustained

Crl.A.1116/14

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two injuries. First one was a stab injury 3cm long in the left iliac

forsa with bowel coming out of the wound. Second one was a

lacerated wound 5cm x 2cm over back of chest and it was bleeding.

Both the witnesses identified MO1 as the weapon used by the

accused, who was standing in the dock. On the material parts,

there is a general corroboration in the evidence.

5.

The prosecution relied on the testimony of PW15, the

doctor who had seen the patient on the relevant day. He had

issued Ext.P4 wound certificate. In the wound certificate, there is

a reference that the history of the injury was assault with knife by

a known p