JENSON J.ANDREWS Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner is the 2nd accused in C.C.No.343/1997 on the files of the Judicial First Class Magistrate's Court, Kollam. He stands convicted for the offence under Sec. 324 of the Indian Penal Code, 1860 and was sentenced to pay a fine of Rs.3,000.00 in default of payment to undergo rigorous imprisonment for one month. On appeal to the Sessions Court, Kollam in Crl.A.No.92/2000, the conviction and sentence imposed upon the petitioner was confirmed. Aggrieved by the said finding of guilt and the sentence of fine imposed upon him, this revision petition has been preferred.

(2.) According to the prosecution, on 18/5/1997, the revision petitioner along with the first accused entered into the property where PW1 was residing and after wrongfully restraining the defacto complainant assaulted him and inflicted an injury on his left eye brow and thereby committed the offences alleged.

(3.) In order to prove the prosecution case, PW1 to PW7 were examined and Ext.P1 to Ext.P5 were marked while the defence marked contradictions in the evidence of PW2 as D1 and D2.