JAISON Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner is before this Court aggrieved by the conviction and sentence imposed on him in Criminal Appeal No.677/2011 of the Additional Sessions Judge, Irinjalakuda arising out of CC No.1721/2007 of the Court of the Judicial First Class Magistrate, Chalakudy.

(2.) The prosecution alleged that on 1/9/2007, at about 10.50 pm the accused committed criminal trespass into the residential property of the de facto complainant in Kuttichira Village and voluntarily caused grievous hurt to the de facto complainant by cutting his right elbow using chopper as a dangerous weapon due to the previous enmity towards him. The de facto complainant (CW1) sustained grievous hurt in the incident and was taken to St. James Hospital, Chalakudy for treatment. On the basis of the statement given by CW1 to the police, a crime was registered. The Sub Inspector of Police, Vellikulangara, on completion of the investigation, preferred chargesheet under Ss. 447 and 326 IPC. The petitioner pleaded not guilty.

(3.) The prosecution examined PWs 1 to 7 and marked Exts.P1 to P5 documents. Exts.D1 to D3 CD statements were marked on the side of the defence.