JUDE Vs. STATE OF KERALA

JUDGEMENT

(1.) Aggrieved by the concurrent findings of conviction and sentence of the petitioners for the commission of offence under Ss. 326 and 324 read with Sec. 34 of Indian Penal Code, 1860 (in short, 'IPC'), by the Judicial First Class Magistrate Court-I, Varkala, and the Additional Sessions Court (Fast Track)-I, Thiruvananthapuram, the petitioners have preferred this revision before this Court.

(2.) The prosecution case is that on 15/2/1994 at about 4:30 p.m., the petitioners, in furtherance of their common intention, inflicted voluntary hurt and grievous hurt upon the de facto complainant by assaulting with deadly weapons like chopper and knife. As a result of the above assault, the de facto complainant was said to have suffered fractures on his left and right shoulders, in addition to serious stab injuries.

(3.) After the evaluation of the evidence adduced by the prosecution through the examination of PW1 to PW9 and the marking of Exts P1 to P9, and after considering the defence evidence adduced through the testimonies of DW1 to DW3 and the document marked as Ext D1, the learned Magistrate found the petitioners guilty of commission of the offence under Ss. 326 and 324 read with Sec. 34 IPC. They were accordingly convicted and sentenced to rigorous imprisonment for one year and fine of Rs.3,000.00 under Sec. 326 IPC, and rigorous imprisonment for three months and fine of Rs.1,000.00 under Sec. 324 IPC. Default clauses were also prescribed for non payment of fine. Though the petitioners challenged the above conviction and sentence before the Sessions Court, Thiruvananthapuram, the learned Additional Sessions Judge (Fast Track Court)-I, declined to interfere with the findings of the learned Magistrate, and dismissed the appeal. It is against the aforesaid judgment dtd. 29/3/2012 in Crl.A.No.584/2006 of the Additional Sessions Court (Fast Track)-I, Thiruvananthapuram, that the present revision has been preferred.