ANILKUMAR @ CHANTHU Vs. STATE OF KERALA

JUDGEMENT

(1.) Revision petitioner is the accused in C.C.No.611 of 1996 on the file of the Judicial First Class Magistrate I, Attingal and the appellant in Crl. Appeal No.299 of 2000 on the file of the Additional District and Sessions Court (Fast Track Court I), Thiruvananthapuram. The accused was charge sheeted for the offences punishable under Sections 452, 324 and 323 of the Indian Penal Code (for short, 'the I.P.C.').

(2.) The prosecution allegation is that on 7.6.1996 at about 4 p.m., the accused trespassed into the house of CW1 at Avanavanchery and caused injuries to CW1 by beating on different parts of her body with an iron rod and also voluntarily caused hurt with his hand and thereby committed the offences punishable under the above Sections.

(3.) Before the trial court, on the side of the prosecution, PW1 to PW7 were examined and Exts.P1 to P7 were marked. On the defence side, DW1 to DW3 were examined and Exts.D1 to D4(a) were marked. The learned Magistrate, on considering the evidence on record, convicted the accused under Sections 452, 323 and 324 of the Indian Penal Code and sentenced him to undergo simple imprisonment for two years under Section 452 of the I.P.C. and simple imprisonment for two years under Section 324 of the I.P.C. No separate sentence was awarded for the offence under Section 323. The sentences were ordered to run concurrently. Against that conviction and sentence, the accused filed Crl. Appeal No.299 of 2000 before the Additional District and Sessions Court (Fast Track Court I), Thiruvananthapuram, which was dismissed. Against that judgment, the appellant/accused filed this Criminal Revision Petition.