JOHN Vs. STATE OF KERALA

JUDGEMENT

(1.) The above appeal is filed by accused Nos. 1 and 2 in S.C. No. 439 of 2006 on the file of the Sessions Judge, Ernakulam challenging their conviction under Sec. 324 IPC and releasing them on probation of good conduct for a period of one year under Sec. 4 of the Probation of Offenders Act, 1958 ('the Act' for short). The Criminal Revision Petition is filed by the de facto complainant against the order releasing the accused on probation of good conduct, instead of awarding appropriate sentence for the offence committed.

(2.) The prosecution case is that on 24/2/2006, at about 9 a.m., while the de facto complainant and his workers were making preparations in connection with the construction of the first floor of the building owned by the brother of the de facto complainant near Pattimattom junction, the accused, who are residing adjacent to that property, raised objection against the construction of the first floor and thereafter, they attacked the de facto complainant with a sickle tied at the top of a bamboo stick. It is alleged that the accused persons extended the sickle tied on a bamboo stick towards the neck of the de facto complainant and thereafter, pulled the same and when the de facto complainant prevented the attack with his hand, the sickle fell on his flank and he sustained injuries on his flank and in between the fingers and the accused are thereby, alleged to have committed the offences under Ss. 308 and 427 r/w 34 IPC.

(3.) On appearance of the accused persons before the trial court and when the accused persons pleaded not guilty to the charge, PWs 1 to 4 were examined and Exhibits P1 to P6 and MO1 were marked from the side of the prosecution. From the side of the defence Exhibits D1 and D1(a) were marked.