K.P.ABOOBACKER Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner is the accused in CC No.304/2000 on the file of the Judicial First Class Magistrate Court, Ottapalam, pertaining to Crime No.94/2000 of Cherpulassery Police Station for the offence punishable under Section 326 of the Indian Penal Code. By judgment dated 15.07.2006, the learned Judicial First Class Magistrate, Ottapalam convicted and sentenced the accused to undergo simple imprisonment for three years for the offence punishable under Section 326 of IPC. Challenging the conviction and sentence, the accused preferred Crl.A.No.476/2016 before the Sessions Court, Palakkad. By judgment dated 25.02.2009, the learned Sessions Judge allowed the appeal in part directing the accused to undergo simple imprisonment for three months for the offence punishable under Section 326 of the IPC, in partial modification of the conviction and sentence awarded by the trial court. Feeling aggrieved, the accused preferred this revision.

(2.) The prosecution case in brief is as hereunder: On 10.06.2000 at 8.30 a.m at Koomode Palliyal situated at 200 meters east of the house bearing Door No.III/121 of Kulukkalloor Panchayath, the accused due to prior enmity towards PW1, in connection with boundary dispute to let out water from his paddy field to the paddy field of PW1, assaulted PW1 using a stick and thereby caused hurt and grievous hurt to PW1.

(3.) During the trial PWs 1 to 8 were examined and marked Exs.P1 to P6 and MO1 on the prosecution side. On closing the evidence of the prosecution, the accused was questioned under Section 313(1)(b) Cr.P.C . He denied all the incriminating circumstances appearing in the evidence against him. DW1 was examined and marked D1 to D4 on the side of the defence.