SHIBU Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner was the 1st accused in CC No.71 of 1998 on the file of the Judicial First Class Magistrate Court, Paravur and the appellant in Crl. Appeal No. 187 of 2004 on the file of the First Additional Sessions Judge, Kollam. The said case was instituted on a police report under Sections 324 and 326 r/w Section 34 of the Indian Penal Code (hereinafter referred to as, " IPC ").

(2.) By judgment dated 30.04.2004, the learned magistrate convicted and sentenced accused 1 and 2 to undergo simple imprisonment for one year each for the offence punishable under Section 324 r/w Section 34 of the IPC and for the offence punishable under Section 326 of the IPC, to undergo simple imprisonment for two years each and to pay a fine of Rs.5,000/- each and in default of payment of fine to undergo simple imprisonment for six months more each. Challenging the conviction and sentence, the 1st accused preferred an appeal before the appellate court. By judgment dated 11.03.2010, the learned Additional Sessions Judge dismissed the appeal, confirming the conviction and sentence imposed by the trial court. Being aggrieved, the revision petitioner/1st accused is before this Court.

(3.) The prosecution case, in brief, is that on 13.12.1997 at about 7.30 pm, at the road in front of the shop of PW5, accused 1 and 2, in furtherance of their common intention, voluntarily caused hurt to PWs 1 to 3 and grievous hurt to PW4 by beating with MO1 series firewood and thereby committed the offences punishable under Sections 324 and 326 r/w Section 34 of the IPC.