MATHAI Vs. STATE OF KERALA

JUDGEMENT

(1.) Leave granted.

(2.) Appellant calls in question legality of the judgment rendered by a learned Single Judge of the Kerala High Court upholding view of the trial Court that the appellant (hereinafter referred to as the accused) was guilty of offence punishable under Section 326 of the Indian Penal Code (in short the IPC) and has been rightly convicted under such provision with corresponding sentence of two years rigorous imprisonment. Learned Judicial First Class Magistrate, Kolencherry convicted the accused and sentenced him which was confirmed by learned Third Additional Sessions Judge, Ernakulam. The revision application filed by the accused under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (in short the Code) was dismissed by the impugned order.

(3.) The prosecution case is that on 27-10-1992 about 5.30 p.m. while Krishnan Kutty (PW-1) was walking along the public road near Pulinchode Cruz Junction, the accused hit him on his head and face with a stone causing injuries. PW-1 was taken to the Medical Mission Hospital, Kolencherry for treatment. On the basis of Ext. P1 statement given by PW-1, Kumaran (PW- 7) the Head Constable of Puthencruz Police Station registered Crime No.220/1992 under Ext. P3 FIR. Radhakrishan (PW-8), the then Asst. Sub Inspector of Police, Puthencruz took up the investigation in the case. On completion of the investigation, V. Radhakrishnan Nair (PW-10) the then Sub Inspector of Police, Puthencruz laid the charge before the Court.