VARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal revision petition has been filed against the judgment in Crl.Appeal 266/2004 of the Additional Sessions Court - Fast Track Court-I, (Ad hoc) Manjeri.

(2.) Revision petitioners are the accused in C.C.510/2001 on the file of the JFCM, Nilambur. Prosecution case is that on 11.8.2001 at about 11.30 am, accused 1 and 2 in furtherance of their common intention, voluntarily caused hurt to PW1, the de facto complainant and trespassed into his property and abused him using filthy language and first revision petitioner/first accused inflicted injuries by beating with boundary stake and the second revision petitioner/second accused by hitting with a stone and kicking.

(3.) On the side of the prosecution PW1 to 5 were examined and Exts.P1 to P3 were marked and MOs 1 and 2 were identified and marked. After the closure of prosecution evidence, revision petitioners/accused were questioned under Sec.313 of the Cr.P.C . They denied all the incriminating facts and circumstances put to them. Thereafter on hearing both sides, the trial court convicted and sentenced the revision petitioners/accused to undergo simple imprisonment for one month each under Sec.447 IPC and to undergo simple imprisonment for one year each under Sec.324 IPC . Sentences were directed to run concurrently. They were acquitted of the charges under Secs.323 and 294 (b) IPC . Against which the Crl.Appeal 226 /2004 was filed and as per the judgment dated 4.10.2005 the learned Additional Sessions Judge confirmed the conviction and modified the sentences under Sec.324 IPC to fine of Rs.1000/- each and to pay Rs.500/- each under Sec.447 IPC . Aggrieved by the same, the revision petitioners came up in revision for the various grounds stated in the memorandum of revision.