SUBHADRA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in C.C. No.2130/2012 on the files of the Judicial First Class Magistrate Court-I, Alathur (for short 'the trial court'). She faced trial for the offence punishable under Sec. 324 of IPC.

(2.) The prosecution allegation in short is that on 26/6/2012 at 07:00 a.m., while PW1 was standing in the pathway, the petitioner uttered obscene words against her, beat on her right elbow with MO1 wooden stick causing her injury and thereby committed the offence.

(3.) Before the trial court, PWs 1 to 11 were examined, Exts.P1 to P7 were marked on the side of the prosecution and MO1 was identified. No defence evidence was adduced. After trial, the trial court found the petitioner guilty under Sec. 324 of IPC and she was convicted for the said offence. She was sentenced to undergo simple imprisonment for a period of two years and to pay a fine of Rs.4,000.00, in default to suffer simple imprisonment for a period of one month. The petitioner challenged the conviction and sentence of the trial court before the Additional Sessions Court-V, Palakkad (for short 'the appellate court') in Crl.A. No.133/2019. The appellate court confirmed the conviction and reduced the sentence to simple imprisonment for a period of three months and to pay a fine of Rs.4,000.00, in default to suffer simple imprisonment for a period of one month. This revision petition has been filed challenging the judgment of the trial court as well as the appellate court.