JOSHY Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS revision petition is preferred against the judgment in Criminal Appeal No. 292/03 of the Additional Sessions Judge (Special) Kottayam, for the offence punishable under Sections 325, 323 and 341 of the IPC. Petitioner was accused in C.C. No. 16/1999 of the Judicial First Class Magistrate, Vaikom and he was convicted under Sections 323, 324, 325 and 341 of the IPC and sentenced thereunder and against that he preferred the above appeal, where the conviction under Section 324 IPC was set aside.

(2.) THE prosecution allegation was that on 24.12.1988 at 11.30 p.m. the revision petitioner wrongly restrained PW1 at Chamakkala church junction and twisted his left hand, thereafter beat on the head with a torch and kicked on his belly. As a result, he sustained injuries and immediately he was admitted in the hospital. On the basis of information, Kaduthuruthy police registered a Crime No. 361/98 and after investigation laid charge before court.

(3.) THE learned counsel appearing for the revision petitioner contended that there was no medical evidence to attract the offence under Section 323 IPC, and a wrong appreciation was made by the courts below. The learned Public Prosecutor strongly resisted the above contention and contended that revision petitioner voluntarily caused grievous hurt and thereby a serious crime was committed, no interference is necessary in the sentence.