Kerala High Court
Mathew Joseph @ Kunjumon vs State Of Kerala on 28 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
CRL.A NO. 293 OF 2013
AGAINST THE JUDGMENT DATED 22.02.2013 IN S.C. NO.383 OF
2010 OF THE 1ST ADDITIONAL SESSIONS COURT, THODUPUZHA
APPELLANT/ACCUSED:
MATHEW JOSEPH @ KUNJUMON
S/O. JOSEPH, MULLOOR VEEDU, PALAKKAVU BHAGAM
MATHAIPPARA KARA, UPPUTHARA VILLAGE
BY ADV.
GEORGE MATHEWS
RESPONDENT/COMPLAINANT:
STATE OF KERALA
SUB INSPECTOR OF POLICE, UPPUTHARA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
SMT.PUSHPALATHA M.K. - SR.PP.
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION
ON 28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2
Crl.Appeal No.293 of 2013
P.G. AJITHKUMAR, J.
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Crl.Appeal No.293 of 2013
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Dated this the 28th day of May, 2024
JUDGMENT
The appellant stands convicted and sentenced for an
offence under Section 324 of the Indian Penal Code, 1860
(IPC). The sentence imposed is simple imprisonment for a
period of six months and to pay a fine of Rs.10,000/-. The
1st Additional Sessions Judge, Thodupuzha has rendered the
impugned judgment. The appellant was tried on a charge
that the appellant owing to the previous enmity followed
PW1 and attacked him using MO1 chopper at about
10.00 p.m on 04.03.2010. As a result of his brandishing the
chopper, PW1 sustained an incised wound on his head. The
trial court after appreciating the evidence tendered by the
prosecution which consists of the oral testimonies of PWs 1
to 7 and Exts.P1 to P11 found the appellant guilty for the
offence under Section 324 of the IPC although the charge
was for offences punishable under Sections 294(b), 324 and
308 of the IPC.
2. Heard the learned counsel for the appellant and
the learned Public Prosecutor.
3. The prosecution essentially relies on the oral
testimonies of PWs 1 and 2 to prove its case. PW1 is the
injured and PW2 is the occurrence witness. They are friends.
PW1 stated that while walking along the road, the appellant
followed and attacked him using MO1 chopper. PW2 deposed
that he saw the appellant hitting PW1 from back using a
weapon. Immediately after the incident, PW1 was taken to
the hospital, where he was examined by PW5. Ext.P4 is the
wound certificate. After analysing the said evidence and also
the evidence regarding recovery of MO1 by the investigating
officer, the trial court found that there is a ring of truth in
the case of the prosecution. The inconsistencies brought out
in evidence and the counter case said to have been initiated
against PW1 were found to be no reasons to discard the case
of the prosecution. Having heard the learned counsel for the
appellant, the learned Public Prosecutor and also had an
anxious consideration of the evidence on record, I find no
reason to interfere with the findings of the trial court.
Therefore the conviction rendered by the trial court is
confirmed.
4. The appellant is aged 62 years now. The incident
occurred on 04.03.2010. The appellant had undergone the
ordeal of the trial and this appeal.
Having considered the said circumstances together with
the nature of the injury inflicted, I am of the view that the
sentence awarded by the trial court is exorbitant. The
sentence is therefore modified. The appellant is sentenced to
undergo imprisonment till the rising of the court and to pay
a fine of Rs.20,000/-(Rupees Twenty thousand only). In
default of payment of fine, the appellant shall undergo
simple imprisonment for a period of two months.
Sd/-
P.G. AJITHKUMAR
JUDGE
PV
