LEVY SATHYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) IN this revision filed under Sec. 397 read with Sec. 401 Cr.P.C. the petitioner who is the accused in C.C. No. 871 of 2003 on the file of the J.F.C.M. II, Neyyattinkarafor offences punishable under Sections 452, 323 and 324 I.P.C.challenges the conviction entered and the sentence passed against him for the above said offences.

(2.) THE case of the prosecution can be summarised as follows: On 19-09-2003 at 6.30 p.m. the accused trespassed into the veranda of the house of his own uncle P.W.1 with a piece of a palm-tree and beat P.W.1 on the left side of his forehead causing a bleeding injury and also fisted him on his dorsum causing pain.

(3.) THE learned Magistrate, after trial, as per judgment dated 8-06-2009 found the revision petitioner guilty of the offences punishable under Sections 452, 323 and 324 I.P.C. and sentenced him to undergo simple imprisonment for six months and to pay a fine of Rs. 2000/- and in default of payment to suffer simple imprisonment for three months under Section 452 I.P.C., under Sec. 324 I.P.C. he was sentenced to simple imprisonment for six months and to pay a fine of Rs. 3,000/- and on default to pay the fine to suffer simple imprisonment for four months and under Section 323 I.P.C. the petitioner was sentenced to simple imprisonment for three months. THE sentences ordered to be run concurrently. On appeal preferred by the revision petitioner before the Sessions Court , the Addl. District& Sessions Judge,Fast Track Court-I, Thiruvananthapuram as per judgment dated 15th September, 2010 confirmed the conviction entered and the sentence passed against the revision petitioner. Hence, this Revision.