BAKKER Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in C.C. No. 65/1999 on the file of the Judicial First Class Magistrate Court, Kunnamkulam is the revision petitioner herein.

(2.) The revision petitioner was charge-sheeted by the Sub Inspector of Police, Vadakkekad in Crime No. 177/1998 under sections 323, 326 and 506(ii) of the Indian Penal Code. The case of the prosecution in nutshell was that on 6.12.1998 at about 4.30 p.m while PWs 1 and 3 were talking in front of Arafa Hotel at Akalad, the revision petitioner came with a tube light and beat on the head of PW1 and thereafter took an iron pipe and beat him on his left hand and when he fell down, the revision petitioner kicked on his chest and due to the attack, he sustained fracture on his left hand and thereby the revision petitioner had committed the above said offence.

(3.) After investigation, final report was filed and the case was taken on file as C.C. No. 65/1999 on the file of the Judicial First Class Magistrate Court, Kunnamkulam. When the revision petitioner appeared before the court below, after hearing both sides, the learned magistrate framed charge under sections 323, 326 and 506(ii) of the Indian Penal Code against the revision petitioner and the same was read over and explained to him and he pleaded not guilty. In order to prove the case of the prosecution, PWs 1 to 8 were examined and Exts.P1 to P5 and MOs 1 and 2 were marked on their side. After closure of the prosecution evidence, the revision petitioner was questioned under section 313 of the Code of Criminal Procedure and he denied all the incriminating circumstances brought against him in the prosecution evidence. He had further stated that he was brutally manhandled by the uncle of PW1 and he was admitted in the Government Hospital, Kunnamkulam. In order to prove the same, he examined DW1 and marked Ext.D1. After considering the evidence on record, the trial court found the revision petitioner not guilty of the offences under sections 323 and 506(ii) of the Indian Penal Code and acquitted him of those charges under section 248(1) of the Code of Criminal Procedure but found him guilty under section 326 of the Indian Penal Code and convicted him thereunder and sentenced him to undergo rigorous imprisonment for two years and also to pay a fine of Rs. 5,000/-, in default to undergo simple imprisonment for 60 days. It is further ordered that, if fine amount is realized, an amount of Rs. 4,000/- be paid to PW1 as compensation under section 357 (1)(b) of the Code. Aggrieved by the same, the revision petitioner filed Crl.A. No. 599/2001 before the Sessions Court, Thrissur, which was made over to the Third Additional Sessions Court (Adhoc) Fast Track-I, Thrissur and the learned Additional Sessions Judge dismissed the appeal confirming the order of conviction and sentence passed by the court below. Aggrieved by the same, the above revision has been filed by the revision petitioner/accused before the court below.