JOY Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner has preferred this revision, challenging his conviction and sentence for the offence under Sec. 326 I.P.C upheld by Additional Sessions Judge, Thodupuzha in Crl.Appeal No.36/2004.

(2.) The prosecution case is that on 17/12/1997 at about 12 p.m., the petitioner inflicted voluntary grievous hurt upon PW1 by hitting him with the handle of a spade. As a result of the above assault, PW1 is said to have sustained injuries including fracture of his right forearm.

(3.) The Sub-Inspector of Police, Rajakkad registered crime No.163/1998 in respect of the above crime, and after investigation, filed the final report before the Judicial First Class Magistrate, Adimali against the petitioner, for the commission of offence under Ss. 324 and 326 I.P.C.