SASEENDRAN, S/O.KUNHIRAMAN Vs. STATION HOUSE OFFICER

JUDGEMENT

(1.) THE Judicial Magistrate of First Class-II, Perambra, in C.C.No.78/2000, found the revision petitioner, who was the

(2.) ND accused, guilty along with the first accused for offences under Sections 448 and 324 read with Section 34 IPC. Both of them were convicted and sentenced to rigorous imprisonment for six months under Section 448 IPC and rigorous imprisonment for three years and a fine of Rs.2,000/- under Section 324 IPC. 2. Aggrieved by the above conviction and sentence, the 1st accused filed Crl.A.No.417/2002 before the Sessions Judge, Kozhikode. The, revision petitioner preferred Crl.A.No.391/2002. Crl.A.No.417/2002 was made over to the Additional Sessions Judge. Without noticing the other appeal, Crl.A.No.391/2005 was heard and disposed of by the Sessions Judge on 15.7.2004 whereby the conviction impugned was confirmed. Substantive sentence under Section 324 IPC was reduced to rigorous imprisonment for 18 months. Assailing the legality, correctness and propriety of the above conviction and sentence, this revision petition is preferred.

(3.) THE prosecution case in brief is as follows: At 8 p.m on 1.6.1999, while PW1 Babu, who was an employee in a toddy shop, standing at the varanda of the toddy shop bearing door No.1/152 of Nochad Panchayat, the revision petitioner along with the first accused, in furtherance of their common intention to cause hurt to PW1, committed criminal trespass to the varanda and the 1st accused hacked PW1 with a sword. The second accused stabbed PW1 with a knife. As a result, PW1 sustained severe injuries. He was rushed to the Medical College Hospital, Kozhikode. From there intimation was conveyed to the police, who rushed to the hospital and recorded Ext.P1 First Information Statement on the basis of which the case was registered. After completing the investigation, charge sheet was submitted alleging the above mentioned offences.