SHAJI, MALLAPPALLI VEEDU Vs. STATE OF KERALA

JUDGEMENT

(1.) By challenging the conviction imposed by the trial court under Section 326 of the Indian Penal Code (in short, "IPC"), the accused has come up in this appeal. Allegation, in short, is that on 06.02.2002 at 10.30 p.m., he beat PW2 with an iron rod, causing fracture on the left ulna. Further, he sustained an injury on the head also. It is the prosecution case that the appellant nurtured a grudge against PW2 since the latter refused to be a witness in a case in which the appellant was involved.

(2.) Court below examined seven witnesses and marked six documents on the side of prosecution. One witness testified on the side of defence. MO1 is the iron rod allegedly used to attack PW2.

(3.) Heard the learned counsel for appellant and the learned Public Prosecutor.