PATHROSE Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in C.C. No. 315/2005 on the file of the Judicial First Class Magistrate Court-II, Aluva is the revision petitioner herein. The revision petitioner was charge sheeted by the Sub Inspector of Police, Angamaly in Crime No. 707/2004 of Angamaly Police Station alleging offences under Sections 447, 324 and 326 of Indian Penal Code

(2.) The case of the prosecution in nutshell was that on 28.11.2004 at about 9.45 p.m. on account of his enmity with CW1, he criminally trespassed into the courtyard of the house bearing No. VI/239 of Karukutty Panchayat and attacked the de facto complainant with a chopper and caused injury to her and thereby he had committed the offence punishable under Sections 447, 324 and 326 of Indian Penal Code. After investigation, final report was filed for the above said offences and it was taken on file as C.C. No. 315/2005 by the Judicial First Class Magistrate Court-II, Aluva. When the revision petitioner appeared before the court below, after hearing both sides, charge under Sections 447 and 324 of Indian Penal Code alone were framed and the same were read over and explained to him and he pleaded not guilty. In order to prove the case of the prosecution, PWs 1 to 5 were examined and Exts. P1 to P5 and MOs 1 were marked on their side. After closure of prosecution evidence, the revision petitioner was questioned under Section 313 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') and he denied all the incriminating circumstances brought against him in the prosecution evidence. He had further stated that there was an incident occurred on that day between the revision petitioner, the de facto complainant and her sons in which the de facto complainant and her sons had attacked him and in order to harass him a false case has been foisted. In order to prove his case, DWs 1 to 3 were examined.

(3.) After considering the evidence on record, the learned Magistrate found the revision petitioner guilty under Sections 447 and 324 of Indian Penal Code and convicted him thereunder and sentenced him to undergo simple imprisonment for 15 days and also to pay a fine of Rs. 500/-. In default to undergo simple imprisonment for 7 days for the offence punishable under Section 447 of Indian Penal Code and further sentenced to undergo simple imprisonment for three months and also to pay a fine of Rs. 5000/-. In default to undergo simple imprisonment for two months more for the offence punishable under Section 324 of Indian Penal Code and directed the sentences to run concurrently. Dissatisfied with the same, the revision petitioner filed Crl.A. No. 651/2011 before the Sessions Court, Ernakulam which was made over to Additional Sessions Court-II, North Paravur for disposal. The learned Additional Sessions Judge by the impugned judgment dismissed the appeal confirming the order of sentence and conviction passed by the court below. Dissatisfied with the same, the present Revision Petition has been filed.