The Kerala High Court partly allowed a criminal appeal, setting aside a conviction for attempt to murder and modifying it to lesser offences after re-evaluating the evidence.
Background of the Case
The appeal arose from a 2014 Sessions Court judgment in a case linked to an incident outside a government hospital in Tirur, Malappuram district. The prosecution had alleged that the accused, along with others, formed an unlawful group and attacked three individuals.
According to the case record, one of the victims was stabbed during the incident, while others were assaulted. The Sessions Court had convicted the accused under serious charges, including attempt to murder, and imposed a seven-year prison sentence.
Justice A. Badharudeen closely examined witness testimonies, medical records, and trial court findings.
The Court noted that although the injured witness and others supported the prosecution version, the nature of the injury and surrounding circumstances did not indicate a clear intention to cause death.
“The materials on record do not establish intention or knowledge to cause death,” the Court observed while assessing whether the offence of attempt to murder was made out.
The judge pointed out that only a single injury was inflicted, and that too on the shoulder, which weakened the prosecution’s claim of a life-threatening attack.
At the same time, the Court found sufficient evidence to support charges of voluntarily causing hurt and use of a weapon. It also rejected the defence argument on mistaken identity, noting that the issue was not seriously raised during trial.
Allowing the appeal in part, the High Court set aside the conviction under Section 307 (attempt to murder) of the Indian Penal Code. Instead, the accused was held guilty under Sections 323, 324, and 341 IPC.
The Court modified the sentence to monetary penalties with default imprisonment clauses. It also directed that a portion of the fine amount be paid to the injured victim as compensation.
The accused was ordered to appear before the Sessions Court to undergo the revised sentence, failing which further steps for enforcement were directed.
Case Details
Case Title: Moosantepurakkal Manaf vs State of Kerala
Case Number: Crl.A No. 972 of 2014
Judge: Justice A. Badharudeen
Decision Date: March 5, 2026
