SHAJI Vs. STATE OF KERALA

JUDGEMENT

(1.) This revision is directed against the concurrent findings of conviction and sentence by the Chief Judicial Magistrate, Pathanamthitta and Additional Sessions Judge (Adhoc) Fast Track-II, Pathanamthitta upon the petitioners for the commission of offence under Ss. 323 and 325 I.P.C read with Sec. 34 I.P.C.

(2.) The prosecution case is that on 27/5/2001, at about 3.30 p.m, the petitioners, in furtherance of their common intention, inflicted voluntary grievous hurt upon PW1 and PW2 by hitting with a granite stone, and also by beating and kicking, at a place near the residence of PW1. It is stated that, as a result of the above physical assault of the petitioners, PW1 sustained fracture upon his right wrist, and PW2 sustained fracture upon his left ring finger.

(3.) On the basis of the final report filed by the Sub Inspector of Police, Pathanamthitta in Crime No.370/2001, the learned Chief Judicial Magistrate took cognizance of the offence under Ss. 323, 324 and 326 I.P.C read with Sec. 34 I.P.C, and proceeded with the trial in which seven witnesses were examined as PW1 to PW7 and six documents marked as Exts.P1 to P6 from the part of the prosecution. From the part of defence, two witnesses were examined as DW1 and DW2 and one document marked as Ext.D1. After an evaluation of the above evidence and hearing both sides, the learned Chief Judicial Magistrate found the petitioners guilty of commission of offence under Ss. 323 and 325 I.P.C read with Sec. 34 I.P.C, and convicted them thereunder. They were sentenced to fine Rs.500.00 each under Sec. 323 I.P.C and simple imprisonment for three months each and fine Rs.500.00each under Sec. 325 I.P.C. A default sentence of simple imprisonment for 15 days each were provided for non-remittance of fine.