Dated this the 03rd day of August, 2026
The sole accused in S.C.No.594/2018 on the files of the
Additional Sessions Court – III, Pathanamthitta, assails the judgment
of conviction and sentence in the above case, dated 25.02.2025 in
this appeal filed under Section 415(2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
2. Heard the learned counsel for the appellant/accused as
well as the learned Public Prosecutor. Perused the judgment under
challenge along with the records of the Special Court.
3. Here, the prosecution case is that, the accused, due to
previous animosity towards PW1, wrongfully restrained him at 1.45
p.m. on 30.07.2014, while PW1 was going on his way to Idathara
from his house on a motorcycle along with PW6, his cousin, as pillion
rider at Kollante Padinjattethil with intention to commit murder of
PW1. Thereafter, the accused abused, assaulted and caused injury on
the head of PW1 by using an iron rod. In the said occurrence, PW1
sustained serious injuries and PW6 also sustained injuries, though
PW1 survived. On this premise, the prosecution alleges commission
of offences punishable under Sections 294(b), 323, 341 and 308 of
the Indian Penal Code (for short, ‘the IPC’ hereinafter), by the
appellant/ accused.
