SCARIA Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner is the accused in C.C. No.397 of 2006 on the files of the Court of the Judicial Magistrate of First Class, Nilambur.

(2.) The trial court convicted the revision petitioner under Sections 447 and 324 of I.P.C. and released him under Section 4 of the Probation of Offenders Act,1958, on his executing a bond for Rs.10,000/- with two solvent sureties, each for the like sum undertaking to keep peace and maintain good behaviour for one year and to appear and receive the sentence as and when called for within the said period of one year. The revision petitioner was also directed to pay a sum of Rs.2,000/- to PW3 as compensation under Section 5 of the Probation of Offenders Actwith a default clause for simple imprisonment for one month. The appeal filed against the said conviction and order of probation was dismissed.

(3.) The prosecution allegation is that on 27.10.2006 at about 6.30 p.m., the revision petitioner trespassed into the court yard of the house of PW3 and caused hurt on him by hitting him with a torch.