SHAFEEQUE Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioners were initially tried for the offence under Sec. 307 read with Sec. 34 of the Indian Penal Code, 1860 (for short 'IPC') and convicted to undergo rigorous imprisonment for two years apart from a fine of Rs.20,000.00 each. In the appeal preferred by them before the Sessions Court, the conviction was altered to Sec. 324 IPC and the accused were sentenced to undergo imprisonment for one year and to pay a fine of Rs.5,000.00 each and in default to undergo rigorous imprisonment for three months each. Aggrieved thereby, the accused have preferred this revision petition.

(2.) Prosection alleged that due to enmity with the defacto complainant, the accused had on 6/12/1997 trespassed into the pathway of the defacto complainant, armed with an iron pipe and knife, and with the intention to cause death of the defacto complainant, assaulted him brutally on his head and abdomen and inflicted serious injuries, thereby committing the offences under Sec. 307 and 447 read with Sec. 34 of the IPC.

(3.) In order to prove the prosecution case, PW 1 to PW13 were examined and Ext.P1 to Ext.P5 were marked while the defence examined DW1 and DW2 apart from marking Exts.D1 to D8. The learned Magistrate, after evaluating the evidence adduced, came to the conclusion that the accused are guilty for the offence under Sec. 307 read with Sec. 34 of the IPC and sentenced them to undergo rigorous imprisonment for two years apart from a fine of Rs.20,000.00 each. A default sentence was also imposed.