BALAKRISHNAN S/O. MANIKKAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE revision petitioner in this revision petition assails the verdict of guilty, conviction and sentence imposed on him under Section 325 I.P.C. He is sentenced to undergo R.I for a period of one year and to pay a fine of Rs. 3,000/ -. Default sentence was also imposed.

(2.) THE petitioner along with 2 others faced indictment for the offences punishable under Sections 326 and 324 I.P.C. The trial court found accused 2 and 3 not guilty and acquitted them. The petitioner was found guilty, convicted and sentenced under Section 326 I.P.C. The appellate court allowed the appeal in part and altered the conviction from Section 326 to 325 I.P.C. The substantive sentence of imprisonment was reduced to R.I for a period of one year. The sentence of fine was not disturbed. The crux of the allegations against the petitioner is that he along with the accused, had at 12 midnight on 17/18.01.1995 assaulted PW1 with M.O1 bamboo stick. The other accused allegedly attacked PWs 2 to 5 who were also present along with PW1. The motive for this incident is alleged to be an earlier incident on the same night in which PW1 attempted to jump into and perform along with participants of a kavady procession. Accused No. 1 was the organiser of the said kavady procession. Accused No. 1 wanted PW1 to desist from such activity. There was an exchange of words. PW1 was excluded from the kavady procession. But later on that night when PW1 was going home, this incident had allegedly taken place.

(3.) THE accused denied the offence alleged against them and thereupon PWs 1 to 8 were examined and Exts.P1 to P4 were marked. As stated earlier, the trial court did not accept the evidence of PWs 1 to 5 against accused 2 and 3 inasmuch as the alleged injuries suffered by PWs 2 to 5 were not proved by the prosecution by medical evidence. The court below believed the prosecution witnesses in so far as their evidence relates to the infliction of injuries on PW1 by the 1st accused. Accordingly the trial court proceeded to pass the impugned judgment.