HARIHARAN P. K Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner, the accused in CC No. 641/1998, was convicted and sentenced for the offences under S.294(b), S.324 and S.353 of Indian Penal Code by Judicial First Class Magistrate - II, Ernakulam. Petitioner challenged the conviction and sentence before Sessions Court, Ernakulam in Crl. A No. 102/2002. Learned Additional Sessions Judge, on re - appreciation of evidence, confirmed the conviction and sentence and dismissed the appeal. It is challenged in the revision.

(2.) Prosecution case is that petitioner was a Field Worker of NFCP Unit, Ernakulam under the Health Department. PW 1 was the Field Assistant and PW 2 was the Field Inspector, who was in charge of Anti Filaria Unit. The duty of the petitioner was to spray anti - mosquito drug to prevent growth of mosquitoes. PW 1 has to supervise the work. On 29/12/1997 at about 8.45 a.m., PWs 1 and 2 had gone to verify whether petitioner has done the work properly. Finding PWs 1 and 2 verifying the canal to find out whether mosquitoes are there, petitioner rushed to them, uttered obscene words and thereafter sprayed Bytex, a pesticide used for preventing the mosquitoes, on the faces of PWs 1 and 2, causing irritation on their eyes and faces and thereby voluntarily caused hurt to PWs 1 and 2 and also obstructed PWs 1 and 2 from discharging their duty. Petitioner, thereby, committed offences under S.294(b), S.324 and S.353 of Indian Penal Code.

(3.) Petitioner pleaded not guilty. Prosecution examined PWs 1 to 7 and marked Exts. P1 to P7. Learned Magistrate, exercising the powers under S.311 of Code of Criminal Procedure, directed PW 7, when he was partly examined, to produce the General Diary maintained at the Armed Reserve Camp, Ernakulam. Thereafter, PW 7 was further examined and Exts. C1 and C1(a) were marked. On the side of the petitioner, DWs 1 and 2 were examined and Ext. D1, a portion of the statement of PW 2, recorded under S.161 of Code of Criminal Procedure, which was confronted, was marked.