Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN TUESDAY, THE 31ST DAY OF OCTOBER 2023 / 9TH KARTHIKA, 1945 AGAINST THE ORDER/JUDGMENT SC 685/2004 OF ADDITIONAL SESSIONS COURT (ADHOC)-II, THODUPUZHA APPELLANTS/ACCUSED: 1 TOMICHAN @ ANTONY MATTATHIL VEEDU, VATHIKKUDI VILLAGE,, THOPRAMKUDIKKARA. 2 WILSON JOSEPH S/O.JOSEPH, ARUKAKKAL HOUSE, THOPRAMKUDI KARA,VATHIKUDY VILLAGE. BY ADV SRI.S.RAJEEV RESPONDENTS/COMPLAINANT: 1 STATE OF KERALA PUBLIC PROSECUTOR, HIGH COURT OF KERALA,, ERNAKULAM. (CRIME NO.7/2003 OF MURIKKASSERY, POLICE STATION). ADDL.R2: REJI JOSEPH
AGED 52 YEARS, S/O JOSEPH, NOW RESIDING AT NEEDUKUNNEL HOUSE, THOPRAMKUDY, IDUKKI DISTRICT - 685 604 ADDL.R3: JOSE @ JOSE, AGED 59 YEARS, S/O CHACKO, MALEPPARAMBIL, THOPRAMKUDY P O, VATHIKKUDY VILLAGE, IDUKKI TALUK - 685609 (ADDL. R2 & R3 ARE IMPLEADED AS PER ORDER DATED BY ADVS. No Advocate K.K.DHEERENDRAKRISHNAN N.P.ASHA THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 31.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Heard both sides.
2. The finding rendered by the trial court is
under Section 307 IPC. The injury alleged to have been sustained comes to four in numbers. The first one is only a contusion and second, third and fourth one are three incised wounds, having a measurement of 4.5X2 for the first two and the last one 4X2cm. The first two is on the left elbow and left forearm respectively and the third one is just beneath the shoulder. The weapon used for inflicting injury is MO1. On FSL Examination, though blood stain was found, it was not detected as that of human blood, within its identity. The knife was recovered as it was surrendered by the accused before the police. PW1 & PW11 had identified the MO1 weapon used for inflicting injury. PW11 had also sustained injuries, which are reported as contusion. No wound certificate was produced in order to show the nature and extent of injury alleged to have been sustained
by PW11. There is a counter case also by which the accused Nos. 1 and 2 also received injuries, which are well evident from Ext.P6 & P7. In fact, PW4 deposed in tune with the initiation of the crime and the nature of alleged occurrence. It was in a scuffle they had sustained injuries, though there is user of a sharp edged weapon involved in the crime, it is not safe to fasten criminal liability under Section 307 IPC, solely on the medical evidence given by the doctor pertaining to the chance of death if no proper treatment was given in time. The injuries are very minor, though incised in nature. Nothing was spoken to by the doctor, regarding the time schedule or duration for a possibility of death on account of the above said injuries. On the other hand, the injury will reveal the nature of alleged offence. Hence, it may be one which is at the most punishable under Section 324 IPC, since there is user of a sharp edged weapon for inflicting the injury. Hence, the conviction and sentence for the offence under Section 307 IPC against the accused
will stand set aside. The accused is found guilty for the offence under Section 324 IPC. The occurrence was on 27/01/2003. At that time, the offence punishable under Section 324 IPC is compoundable and as such, the compounding petition submitted by the de facto complainant, PW1 & PW11, who are additional respondent Nos 2 and 3, are accepted. Hence, the offence punishable under Section 324 IPC will stand compounded and the accused is given the benefit of acquittal based on the compounding recorded as above. The appeal will stand allowed accordingly.
Sd/- P.SOMARAJAN JUDGE sms