SURESH BABU Vs. STATION HOUSE OFFICER

JUDGEMENT

(1.) The revision petitioner stands convicted for the offence under Section 138 of the Negotiable Instruments Act and sentenced, as modified by the appellate court, to imprisonment till the rising of the court and to pay a compensation of Rs.10,000/- to PW1 and in default, to undergo simple imprisonment for three months.

(2.) It is the contention of the counsel for the revision petitioner that the evidence of PWs' 2 and 3 contained some discrepancies and the evidence of PW1 also cannot be believed. It is also contended that the material object produced is a wooden ruler, but PW1 had disclosed to the doctor that he was beaten with an iron rod. The evidence adduced in the matter consisted the testimony of PWs' 1 to 9, Exts. P1 to P4 and MO1.

(3.) The prosecution case is that on 24/5/1996, at about 8.30 p.m., the accused attacked PW1 with a wooden ruler and that in the incident, PW1 lost a bag containing Rs.15,000.00 and also lost Rs.600.00 kept in the pocket of his shirt. The accused was charge sheeted for the offences under Sections 324 and 427 of IPC.