BAIJU, S/O.KUNJU Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioners herein are the accused Nos.1 and 2 in C.C 86/1996 of the Judicial First Class Magistrate Court-I, Aluva. They along with two others faced prosecution before the court below under Section 341, 323, 324 and 326 read with 34 I.P.C, on the allegation that at about 5 p.m on 5.6.1994, they assaulted the de facto complainant Prakasan in front of the Loyal English Medium School at Vennala, and they inflicted simple and grievous injuries on his body with weapons like dagger, sword etc. The Police registered the crime on the basis of the first information statement given by the said Prakasan at the Specialist Hospital, Ernakulam. He was first taken to the Ernakulam Medical Centre, from where he was referred to the Specialist Hospital. After investigation, the Police submitted final report in court against four accused. All the four accused appeared before the learned Magistrate and pleaded not guilty to the charge framed against them under Sections 341, 323, 324 and 326 I.P.C.

(2.) The prosecution examined eleven witnesses and proved Exts.P1 to P7 documents in the trial court. The MO1 and MO2 weapons of offence were also identified during trial. The accused denied the incriminating circumstances when examined under Section 313 Cr.P.C. They did not adduce any evidence in defence.

(3.) On an appreciation of the evidence, the learned Magistrate found the accused Nos.1 and 2 guilty. The accused Nos.3 and 4 were found not guilty of any of the offences and accordingly they were acquitted. On conviction, the accused Nos.1 and 2 were sentenced to undergo simple imprisonment for two years each under Section 326 I.P.C, and to pay a fine of 5000/- each and to undergo simple imprisonment for three months each under Sections 341 and 323 I.P.C. No separate sentence was imposed under Section 324 I.P.C. Aggrieved by the judgment of conviction dated 14.6.2001, the accused Nos.1 and 2 approached the Court of Session, Ernakulam with Crl.A 473/2001. In appeal, the learned Additional Sessions Judge, North Paravur confirmed the conviction and sentence, and accordingly dismissed the appeal by judgment dated 20.8.2003. Now the accused are before this Court in revision challenging the legality and propriety of the conviction and sentence.