SUSEELA, D/O. BHAVANI Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioners are A1 and A3 in C.C. 45/1994 of J.F.C.M, Kayamkulam. There were three accused. The second accused was absconding and so the case against him was split up and refiled subsequently. The petitioners were found guilty of offences punishable under Sec.447, 323, 324 and 326 r/w 34 of IPC. They were sentenced to undergo R.I for six months and to pay Rs.2,000.00 as fine for the offence under Sec.326 r/w 34 of IPC and in default of payment of same, they were directed to undergo R.I for one more month. They were also sentenced to undergo S.I for three months each for the offences punishable under Se.447, 323 and 324 r/w 34 of IPC.

(2.) ACCORDING to the prosecution, the incident took place at about 8PM on 04.05.1993. CW2, the son of PW1 had sustained fracture to the distal end of right radius. He was no more at the time of trial. PW1, the mother, aged about 72 years at the time of the incident has stated that the accused trespassed into their house compound and attacked her. It is stated that she was pulled out from the varandah by catching hold of her hair and pushed or hit her head against the step of that house causing injury on her chin and causing fracture to one of her teeth. It was stated that she sustained injury when she tried to intervene on seeing the accused attacking her son CW2, (Aravindakshan) with stone, reaper etc. Her son had sustained fracture. At first, she along with her injured son went to the hospital and she gave the F.I. Statement to the police based on which the F.I.R was registered.

(3.) THE trial court accepted the evidence given by PW1, which was supported by PW2 and PW3 to hold the petitioners guilty. The appellate court confirmed the conviction and sentence passed against petitioners.