RAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner stands convicted for the offence under Section 436 of the Indian Penal Code and sentenced to undergo simple imprisonment for one year and to pay a fine of Rs.50,000/- and in default to undergo simple imprisonment for two years.

(2.) The prosecution case is that on 15.12.1994 at about 3.30 p.m. the accused manhandled the defacto complainant and his sister and also set fire to the thatched house of the defacto complainant. The evidence adduced in the matter consisted of the testimony of PWs 1 to 11 Exts. P1 to P4 and MOs 1 to 11. The defence was produced Exts. D1 series and D2. The trial court acquitted the accused for the offences under Sections 323 and 324 IPC, but convicted him for the offence under Section 436 IPC.

(3.) The occurrence witnesses to the incident are PWs 1 to 4 of whom PW1 is the defacto complainant, PW2 is the sister, PW3 is the neighbour, PW4, is the niece of PW1 residing in the neighbouring house. It is in evidence that there was a dispute with the right of way and the accused while passing through the property of PW1 was questioned by PW1 which resulted in the alleged manhandling and the injuries sustained to PW2, the widowed sister of PW1. It is on account of the fact that injuries were sustained by the accused as well and the details about the same were not furnished by the prosecution, the trial court acquitted the accused for the offences under Sections 323 and 324 IPC. But the evidence as to the offence under Section 436 was found to be reliable. There is no delay in registering the crime and recording the FIS which was recorded from at the hospital.