CHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner challenges the concurrent verdict of conviction and sentence passed against him for offences under Sections 323 and 325 IPC. He was sentenced to undergo simple imprisonment for one month for the offence under Section 323 IPC and to undergo rigorous imprisonment for one year and to pay Rs. 5,000.00 as fine for the offence under Section 325 IPC.

(2.) THE learned counsel for the revision petitioner submits that the evidence given by PW3, the injured is contradictory to the First Information statement given by her and also against the medical evidence produced by the prosecution. The motive alleged by the prosecution was not established. It is further submitted by the learned counsel that the nature of the injury seen by PW7 and PW8 would suggest that PW3 sustained by injuries noted by them due to a fall. The learned counsel further submits that there is no legal evidence to sustain the conviction.

(3.) THE contention that both injuries could not have been caused by using a chopper or a similar weapon does not appear to be correct. Both injuries were lacerated injuries which could be caused by a chopper as well.