Sabu vs State of Kerala

SABU vs State of Kerala

Type Court Judgment Court Kerala Decided Oct 03, 2023

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https://sooperkanoon.com/case/1338448

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Citation: sooperkanoon.com/1338448
Court: Kerala High Court
Judge: Honourable Mr. Justice P.Somarajan
Decided On: Oct 03, 2023
Case Number: CRL.A/823/2009

Parties & Advocates

Appellant / Petitioner

SABU

Respondent

State of Kerala

Excerpt

.....on the deposition made by the victim along with the eyewitnesses examined by the prosecution. it is also submitted that the fis given and the fir registered on the very next day gives sufficient corroboration to the version given by the victim/de facto complainant as well as the occurrence witnesses. it was registered on the very next day of the alleged incident. in the wound certificate also, there is mentioning of the crl.appeal no.823 of 2009 3 number of accused/ assailants, which also gives sufficient corroboration to the version given by the de facto complainant as well as the occurrence witnesses. pw4 is the doctor who issued ext.p3 discharge certificate, wherein the injury is reported on the right lobe of liver and this would certainly bring the matter within the sweep of section 308 ipc.2. during the course of argument, the learned counsel for the appellants fairly submitted that accused no.2 passed away and none of his legal heirs turned up to join as a party to the appeal, in spite of intimation. as such, he is not in a position to proceed with the appeal by incorporating the legal heirs of the deceased. it is also fairly conceded that the sentence of fine as against accused no.2 in the said circumstance can be confirmed. while taking into consideration the alleged act of accused no.2 by inflicting injury by using an axe, it is fit and proper to confirm the sentence of fine awarded by the trial court as against accused no.2. crl.appeal no.823 of 2009 43. regarding accused no.1, it has come out inevidence that there are three independent blows by using a knife, that too on the left side of the chest. all these blows are on the vital part of the body of the victim. the injuries reported are deep lacerated injury lower part of right side of chest 4cm, lacerated injuries left upper arm having 5cm and 6cm length, lacerated injury left side of clavicular region 3cm long, lacerated injury over abdomen right side 4cm. this would show the force applied while.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN TUESDAY, THE 3rd DAY OF OCTOBER 2023 / 11TH ASWINA, 1945 CRL.A NO. 823 OF 2009 AGAINST THE JUDGMENT DATED 21.03.2009 IN SC 47/2008 OF ADDITIONAL DISTRICT & SESSIONS COURT (ADHOC)-II, KOTTAYAM APPELLANTS/ACCUSED 1 & 2: 1 SABU, S/o LUKKA, PARATHATTU VEEDU, VALLICHIRA KARA, VALLICHIRA VILLAGE, PALA. 2 SASI, S/o RAMAN, KARIKUNNATHADATHIL (VATTAKUNNEL), EDANADU KARA, VALLICHIRA VILLAGE, PALA. BY ADVS. SRI.R.BINDU (SASTHAMANGALAM) SRI.D.JAYACHANDRAN RESPONDENT/COMPLAINANT - STATE: STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI C N PRABHAKARAN THIS CRIMINAL APPEAL HAVING COME UP FOR HEARING ON 03.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Crl.Appeal No.823 of 2009 2

JUDGMENT

Accused Nos.1 and 2 were found guilty of the offence under Section 308 IPC by the trial court and convicted thereunder and sentenced to undergo rigorous imprisonment for a period of four years and a fine of

Rs.5,000/- each, in default, to undergo rigorous imprisonment for a period of six months. The learned counsel for appellants fairly submitted that there is no sufficient ground to interfere with the finding of guilt of accused Nos.1 and 2 and the conviction for the offence under Section 308 IPC as it is based on the deposition made by the victim along with the eye

witnesses examined by the prosecution. It is also submitted that the FIS given and the FIR registered on the very next day gives sufficient corroboration to the version given by the victim/de facto complainant as well as the occurrence witnesses. It was registered on the very next day of the alleged incident. In the wound certificate also, there is mentioning of the Crl.Appeal No.823 of 2009 3 number of accused/ assailants, which also gives sufficient corroboration to the version given by the de facto complainant as well as the occurrence witnesses. PW4 is the doctor who issued Ext.P3 discharge certificate, wherein the injury is reported on the right lobe of liver and this would certainly bring the matter within the sweep of Section 308 IPC.

2. During the course of argument, the learned counsel for the appellants fairly submitted that accused No.2 passed away and none of his legal heirs turned up to join as a party to the appeal, in spite of intimation. As such, he is not in a position to proceed with the appeal by incorporating the legal heirs of the deceased. It is also fairly conceded that the sentence of fine as against accused No.2 in the said circumstance can be confirmed. While taking into consideration the alleged act of accused No.2 by inflicting injury by using an axe, it is fit and proper to confirm the sentence of fine awarded by the trial court as against accused No.2. Crl.Appeal No.823 of 2009 4

3. Regarding accused No.1, it has come out in

evidence that there are three independent blows by using a knife, that too on the left side of the chest. All these blows are on the vital part of the body of the victim. The injuries reported are deep lacerated injury lower part of right side of chest 4cm, lacerated injuries left upper arm having 5cm and 6cm length, lacerated injury left side of clavicular region 3cm long, lacerated injury over abdomen right side 4cm. This would show the force applied while inflicting the injury. Though there are three independent blows, only one injury is very serious in nature which went up to the right lobe of the liver and as such the sentence awarded can be reduced by attending the aggravating and mitigating circumstances and also by taking into consideration the age of accused, who is aged more than 60 years. So the sentence of imprisonment awarded will stand modified by two months rigorous imprisonment and a fine of Rs.1,00,000/- (Rupees one lakh only), in default, to

undergo       simple        imprisonment          for     a    period       of     six
Crl.Appeal No.823 of 2009               5
months.           Appeal     will     stand    allowed     accordingly.
Accused      No.1     is    also    entitled   to   set    off   for   the

period of pre trial detention, if any undergone. Sd/- P.SOMARAJAN JUDGE DMR/-

Same Court & Year Kerala · 2023 Same Parties SABU vs State of Kerala Same Judge Honourable Mr. Justice P.Somarajan