AYUB Vs. STATE OF KERALA
LAWS(KER)-2024-6-4
HIGH COURT OF KERALA
Decided on June 07,2024

AYUB Appellant
VERSUS
STATE OF KERALA Respondents


Referred Judgements :-

TAHSILDAR SINGH VS. STATE OF UTTAR PRADESH [REFERRED TO]


JUDGEMENT

- (1.)The appellant is the accused in S.C. No. 38 of 2007 on the file of the Additional District and Sessions Judge, Adhoc No.II Manjeri and he is challenging the conviction and sentence imposed on him for the offences under Ss. 324 and 308 IPC.
(2.)The prosecution case is that because of previous enmity, the accused assaulted PW1 with iron pipe and knife on 25/11/2005, at about 6 p.m., while PW1 was engaged in the sale of lemon on the side of the road near Tanur Railway Station. The accused beat PW1 with an iron pipe on his head and thereafter, assaulted him with a knife aiming his neck and when PW1 flinched, he sustained injuries on his left hand and right side of the abdomen. It is alleged that the accused also beat PW1 on his right leg and back with the iron pipe and that the accused committed the act with the requisite intention or knowledge to cause culpable homicide, not amounting to murder.
(3.)On the basis of Exhibit P1, First Information Statement of PW1, Exhibit P8 FIR was registered by PW7 on 26/11/2005 and after completing the investigation, PW9, Assistant Sub Inspector of Tanur Police Station, filed the final report and after committal, when the accused appeared before the trial court, charge was framed for the offences under Ss. 324 and 308 of IPC and when the charge was read over and explained, the accused pleaded not guilty.


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