POKKER Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner was the accused in CC No. 26 of 2001 on the file of the Judicial First Class Magistrate Court-I, Thamarasserry. The offence alleged against the accused is punishable under Section 324 of the Indian Penal Code (hereinafter referred to as, " IPC "). By the judgment dated 20.09.2002, the learned learned magistrate convicted and sentenced the accused to undergo simple imprisonment for a period of one year for the offence punishable under Section 324 of the IPC.

(2.) The accused preferred Crl.Appeal No. 522 of 2002 before the Court of Sessions, Kozhikode Division. The appeal was made over to the III Additional Sessions Court, Kozhikode. By its judgment dated 03.02.2005, the learned Additional Sessions Judge allowed the appeal in part by confirming the conviction rendered by the trial court and reduced the sentence to a period of six months. Challenging the conviction and sentence, the revision petitioner is before this Court.

(3.) The prosecution case, in brief, is as herein below;