SAJI Vs. STATE OF KERALA

JUDGEMENT

(1.) Revision petitioners are the accused 1 and 2 in CC No. 63 of 2000 on the file of the Judicial First Class Magistrate Court-II, Kanjirappally and the appellants in Crl. Appeal No. 597 of 2004 on the file of the Additional Sessions Court, Fast Track (Adhoc)-II, Kottayam. The offences alleged against the accused were punishable under Sections 323, 324 and 326 r/w Section 34 of the IPC.

(2.) The prosecution case, in brief, is as hereunder; On 26.12.1999 at 6 pm, in furtherance of their common intention to cause hurt and grievous hurt on PW1, the 1st accused caused hurt with MO1 firewood on his right eye and the 2 nd accused slapped on his face at Koorali junction, Ponkunnam - Pala road, Koorali Kara, Elemgulam Village and thereby committed the offences aforesaid.

(3.) During the trial of the case, PWs 1 to 8 were examined and marked Exts. P1 to P5 and MO1 on prosecution side. On closing the evidence of the prosecution, the accused were questioned under Section 313(1)(b) of the Code of Criminal Procedure. They denied all the incriminating circumstances appearing in the evidence against them. However, no defence evidence was adduced.