PARTHASARATHY Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner is the sole accused in C.C.No.404/2002 on the file of the court of the Chief Judicial Magistrate, Pathanamthitta and the appellant in Crl.Appeal No.409/2003 on the file of the Sessions Judge, Pathanamthitta. The revision petitioner was convicted by the learned Magistrate under Section 326 of the Indian Penal Code and he was sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.2,000/- in default to undergo simple imprisonment for thirty days more. The fine amount, if recovered, was directed to be paid as compensation to the de facto complainant (PW2) under Section 357(1) of the Code of Criminal Procedure.

(2.) On 22.2.2005, the learned Sessions Judge made over the appeal to the Additional Sessions Court (Ad hoc) Fast Track-II, Pathanamthitta for hearing and disposal. On 29.04.2005, the appeal stood listed for hearing before the learned Additional Sessions Judge. The learned counsel for the appellant prayed for one month's time to argue the appeal. The learned Additional Sessions Judge allowed the prayer and adjourned the case as last chance to 30.6.2005. However, the associate counsel of the learned counsel for the appellant prayed time for hearing and hence the learned Additional Sessions Judge proceeded to hear the learned Public Prosecutor alone and then dismissed the appeal on merits. Feeling aggrieved, the revision petitioner has, therefore, come up before this Court in revision.

(3.) The prosecution case, in brief, is that on 06.07.2002 at 9.30 pm., the accused with an intention of causing hurt to PW2, beat PW2 on his left cheek with a piece of firewood causing fracture of bone on the left side of his left eye on Kannankara-Valanchuzhi Road near the shop of one Basheer at Kannankara and thereby committed the offence punishable under Section 326 of the Indian Penal Code.