PADMAKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) This Revision Petition is filed by the appellant in Crl.Appeal No.351/2014 on the file of the Additional Sessions Judge-I, Thiruvananthapuram, against the judgment partly allowing the said appeal and thereby confirming the conviction under Sec. 323 IPC passed by the Judicial First Class Magistrate-V, (Special Court for mark list cases), Thiruvananthapuram, in C.C.No.232/2013.

(2.) The trial court framed charge against the accused under Ss. 341, 294(b), 447 and 332 IPC. The prosecution case is that the accused who was a driver in the CBCID Office, Jawahar Nagar Unit, under the mistaken notion that the de-facto complainant, a Grade Sub Inspector, was behind his transfer to Kollam unit, with the intention to wreck vengeance against him, entered the car porch area at the office on 31/5/2012 at 9.45 a.m, used abusive words at the de-facto complainant, caught hold of his shirt and hit on his left cheek. On the basis of the evidence on record, namely, the oral testimony of PWs1 to 8 and Exts.P1 to P5, the trial court found him guilty under Ss. 341 and 323 IPC and found him not guilty of the remaining offences. In appeal, the Additional Sessions Judge-I, Thiruvananthapuram, confirmed the conviction under Sec. 323 IPC alone and acquitted him of the offence under Sec. 341 IPC. Dissatisfied with the above finding of the appellate court, he preferred this Revision raising various grounds.

(3.) Heard Adv.Sri.R.T.Pradeep the learned counsel for the revision petitioner and Smt.Maya M.N., the learned Public Prosecutor.