07 June 2024 Bail and Antcipatory Bail >> Criminal Law   |   Criminal Appeals & Suspension of Sentence >> Criminal Law   |   Murder Homicide >> Criminal Law  

In a recent judgment, the Kerala High Court dismissed an appeal filed by an accused convicted of attempted murder and assault. The case involved a violent attack where the accused allegedly assaulted the victim with an iron pipe and knife.

Prosecution's Case:

The prosecution argued that the accused attacked the victim (identified as PW1 in court documents) with the intention of killing him. They presented PW1's testimony and that of an eyewitness (PW2) who corroborated the account. Medical evidence in the form of a wound certificate (Exhibit P7) was also submitted, showcasing injuries sustained by PW1.

Defense Arguments:

The defense pointed out inconsistencies in the statements of PW1 and PW2, arguing that these discrepancies cast doubt on the prosecution's narrative. They further argued that the prosecution's failure to call a witness who reportedly took PW1 to the hospital (named Sameer) was a significant omission. Finally, the defense contended that the nature of the injuries did not support the graver charge of attempted murder under Section 308 of the Indian Penal Code (IPC).

Court's Reasoning and Decision:

The court acknowledged minor discrepancies in witness testimonies but dismissed them as being within the expected range due to human memory and the nature of a rapidly unfolding event. They reasoned that not calling Sameer as a witness wasn't a material omission as there was no evidence suggesting his presence during the assault.

The court placed significant weight on the weapons used (iron pipe and knife) and the nature of the injuries, concluding that these factors, along with the witness testimonies, established the accused's intent to kill. Consequently, the court dismissed the appeal and upheld the trial court's conviction for both charges under Sections 308 and 324 of the IPC. The sentence imposed by the trial court also remained unchanged.

  Indian Evidence Act, 1872    Indian Penal Code, 1860    Code of Criminal Procedure, 1973