VACHALI ANOOP KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner is the accused in CC.No.258/2007 on the file of the Additional Chief Judicial Magistrate Court, Thalassery and the appellant in Crl.Appeal No.151/2009 on the file of the Additional Sessions Court IV, Thalassery. The offences alleged against the accused are punishable under Sections 354 and 324 of the Indian Penal Code.

(2.) The prosecution case, in brief, is hereinbelow:- On 05.03.2004 at about 8.00 at Perunthattil, the accused voluntarily caused hurt and grievous to PW1, with a chopper and thereby committed the above said offences.

(3.) On appreciation of the evidence, the trial court found the accused guilty for the offences under Sections 324 and 326 of IPC. Accordingly, the accused was sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.5,000/-, in default to undergo simple imprisonment for six months more for the offence punishable under Section 326 of IPC and rigorous imprisonment for one year and to pay a fine of Rs.2000/-, in default to undergo simple imprisonment for three months more for the offence under Section 324 of the IPC. The above substantive sentences were ordered to run concurrently. In appeal, the appellate Court confirmed the conviction and sentence imposed by the trial court. Being aggrieved, the accused is before this Court in revision petition. Parties are hereinafter referred to as 'the accused' and 'PW1 ' according to their status in the trial court.