ANIL KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused in C.C. 237/2008 on the file of the Judicial First Class Magistrate Court-II, Mananthavady, is the revision petitioner herein. The revision petitioner was charge-sheeted by the Sub Inspector of Police, Mananthavady police station in Crime No. 110/2008 of that police station under Section 294(b), 341 and 323 of the Indian Penal Code.

(2.) The case of the prosecution in nut shell was that, on 24.02.2008 at about 12.00 midnight, the revision petitioner wrongfully restrained the auto-rickshaw driven by the de facto-complainant at Agraharam and abused him with obscene language and kicked on his right waist and due to that he fell down and he pressed his testicle and inflicted injury on his nose and head by way of fisting with his hands and thereby he had committed the offence punishable under Section 294(b), 341 and 323 of the Indian Penal Code.

(3.) After investigation, final report was filed and the case was taken on file as C.C. No. 237/2008 on the file of the Judicial First Class Magistrate Court-II, Mananthavady. When the revision petitioner appeared before the court below, the particulars of offence were read over and explained to him and he pleaded not guilty. In order to prove the case of the prosecution, PWs 1 to 10 were examined and Exts. P1 to P5 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 had not committed any offence and he has been falsely implicated in the case. No defence evidence was adduced on his side. After considering the evidence on record, the court below found the revision petitioner not guilty under Section 294(b) of the Indian Penal Code and acquitted him of that charge under Section 255(1) of the Code of Criminal Procedure, but found him guilty under Section 341 and 323 of the Indian Penal Code and convicted him thereunder and sentenced him to undergo simple imprisonment for ten days for the offence under Section 341 of the Indian Penal Code and six months for the offence under Section 323 of the Indian Penal Code and directed the sentences to run concurrently. Aggrieved by the same, he filed Crl. Appeal No. 52/2012 before the Sessions Court, Wayanad at Kalpetta, which was made over to the Additional Sessions Court-I, Kalpetta, for disposal and the learned Additional Sessions Judge by the impugned judgment, dismissed the appeal, confirming the order of conviction and sentence passed by the court below. Dissatisfied with the same, the present revision has been filed by the revision petitioner/accused before the court below.