MINI Vs. STATE OF KERALA

JUDGEMENT

(1.) The judgment dtd. 10/8/2015 of the Additional Sessions Court-II, North Paravur, in Crl.A.No.239/2014 is under challenge in this revision. The petitioners are the appellants in the above appeal who were convicted and sentenced by the Judicial First Class Magistrate-II, Aluva, in C.C.No.571/2008 for the commission of offence under Sec. 294(b) and Sec. 323 of the Indian Penal Code, 1860(in short, 'IPC'). In the appeal, the learned Additional Sessions Judge set aside the conviction and sentence for the offence under Sec. 294(b) IPC and retained the conviction and sentence awarded by the Trial Court for the offence under Sec. 323 IPC. Aggrieved by the above verdict of the Additional Sessions Court, the petitioner is here before this Court with this revision.

(2.) Heard the learned counsel for the petitioner and the learned Public Prosecutor representing the State of Kerala.

(3.) The accusation under Sec. 323 IPC is based on the prosecution case that on 6/5/2007 the accused Nos.1 to 4 attacked the defacto complainant (PW1) with a stone and inflicted voluntary hurt upon her. Before the Trial Court, the prosecution examined five witnesses as PW1 to PW5, and marked three documents as Exts P1 to P3 to substantiate the indictment against the accused. Among the above witnesses, PW1, the defacto complainant testified before the court about the physical assault mounted upon her by the petitioners. The other independent witnesses examined as PW2 and PW3 did not support the prosecution case. However, the Trial Court found the testimony of PW1 reliable, and accordingly, convicted the petitioners for the commission of offence under Sec. 294(b) and 323 IPC read with Sec. 34 IPC. A sentence of simple imprisonment for one month under Sec. 294(b) IPC and a sentence of imprisonment for six months and fine of Rs.1,000.00each with a default clause of simple imprisonment for one month was awarded for the commission of offence under Sec. 323 IPC.