Justice A. Badharudeen, Kerala High Court 

While confirming the conviction of the accused persons in a case of attacking and injuring a 28-year-old man due to alleged political rivalry, the Kerala High Court has reaffirmed that the evidence of an injured witness carries more credibility since he would speak of the occurrence with assurance of truth, with the mark and seal of the injuries he suffered out of the occurrence.

The High Court was considering an appeal against the conviction and sentence of an accused booked under Sections 143, 147, 148, 294(b), 323, 324, 326 and 307 read with Section 149 of the Indian Penal Code (IPC).

The Single Bench of Justice A. Badharudeen held, “It is a well settled law that the evidence of an injured witness carries more credibility since he would speak of the occurrence with assurance of truth with mark and seal of the injuries he suffered out of the occrrence. Even otherwise, PW4 and PW5 could not be treated as interested witnesses, as argued by the learned counsel for the appellant as their presence at the place of occurrence after the meeting of the organization is a fact to be found from the prosecution evidence.”

Advocate C.S. Manu represented the Appellant, while Public Prosecutor Jayakrishnan U. represented the Respondent.

Factual Background

The case dates back to the year 2000, when in a ward of Neelameroor Panchayat, the accused persons, allegedly out of their political enmity towards 28-year-old Madhusoodhanan (injured), who owed allegiance to the rival political party, formed themselves into an unlawful assembly armed with deadly weapons with the common object of committing rioting and murdering said Madhusoodanan. It was alleged that the accused persons wrongly confined Madhusoodanan, and abused and attacked him with an iron stick and a hedge stake.

The Additional Sessions Judge considered the case and secured the presence of the accused persons for trial. Thereafter, charges for the said offences were framed and the first, third and fifth accused were found guilty of the offences punishable under Sections 143, 147, 148, 294(b), 323, 324, 326 and 307 read with Section 149 of the IPC.

Reasoning

The Bench took note of the evidence of the injured victim, who stated that the accused persons, who were sympathisers of the rival political party, attacked him with the common object of committing his murder because of political rivalry, though he had survived. He testified that he gave a First Information Statement to the Police and also identified the weapon of offence used by the accused.

The Bench discarded the contention, claiming that the injured victim was an interested witness and noted that the injured, who sustained very serious injuries, including loss of his left eyesight, had given candid evidence in support of the prosecution allegations and the overt acts done by the appellants while they attempted to murder him. “In such a case, the solitary evidence of PW3 inspires confidence and is wholly reliable”, it added.

The Bench was of the view that the Additional Sessions Court rightly appreciated the evidence and entered into a conviction, finding that the accused committed the alleged offences. Finding the conviction to be justified, the Bench dismissed the appeal and directed the appellants/accused to surrender before the Additional Sessions Judge.

Cause Title: Unnikrishnan v. State of Kerala (Neutral Citation: 2026:KER:34413)

Appearance

Appellant: Advocate C.S.Manu

Respondent: Public Prosecutor Jayakrishnan U., Anoop Joseph

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