GOPALAN, S/O. ULAKAN Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONERS are the four accused persons who faced trial for offences under sections 324 and 326 r/w 34 of IPC. The learned Magistrate convicted and sentenced them to undergo rigorous imprisonment for two years and to pay Rs.2,000/- each as fine. They were also sentenced to undergo rigorous imprisonment for one year for offence under section 324 of IPC. The appeal filed by them was dismissed by the Additional Sessions Judge.

(2.) THE case of the prosecution is that on 16.12.1996 at about 7.45 p.m. PW2- the injured, a retired police constable, was beaten by the aforesaid petitioners with stick (Kuruvadi) etc. A3 - Madhu owed some money to PW2 and since PW2 demanded for return of the money, A3 had enmity towards him. He had also tried to hit PW2 with a cycle on a previous occasion. It was because of that enmity, the accused attacked PW2.

(3.) PETITIONERS 2 to 4 are the sons of the 1st petitioner. The eye witnesses to the occurrence did not support the prosecution. But the courts below placed reliance on the evidence given by PW2, which was supported by the medical evidence - the wound certificate and discharge card proved through the doctor, to hold the prosecution case true.