SCARIA Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioners herein are the three accused in C.C.No.87/1999 of the Judicial First Class Magistrate Court, Adimaly. They faced prosecution under Sections 294(b), 323, 324 and 326 read with Section 34 IPC on the allegation that at about 8 p.m. on 13.11.1998, they assaulted the de facto complainant Mohanan due to previous enemity, and inflicted simple and grievous injuries on his body by pouring acid on his body, including his face. The crime was registered on the complaint made by the de facto complainant. After investigation, the police submitted final report in court. All the accused entered appearance before the learned Magistrate, and pleaded not guilty to the charge framed against them.

(2.) The prosecution examined nine witnesses, and proved Exts.P1 to P8 documents in the trial court. The MO1 and MO2 properties were also identified during trial. All 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 not guilty under Section 294(b) IPC, and they were acquitted of the said offence, but all the three accused were found guilty under Sections 323, 324 and 326 IPC, and they were convicted thereunder with the aid of Section 34 IPC. On conviction, they were sentenced to undergo simple imprisonment for three months each under Section 323 IPC, simple imprisonment for one year each under Section 324 IPC, and to undergo rigorous imprisonment for 2½ years each and to pay a fine of Rs. 5,000/- each under Section 326 IPC, by judgment dated 29.6.2004. Aggrieved by the judgment of conviction, the accused Nos.1 and 2 brought Crl.A.No.197/2004, and the 3 rd accused brought Crl.A.No.205/2004 before the Court of Session, Thodupuzha. In appeal, the learned Sessions Judge confirmed the conviction and sentence, and accordingly dismissed both the appeals. Now the accused are before this Court in revision challenging the legality and propriety of the conviction and sentence. As regards the conviction under Section 326 IPC, their definite case is that there is absolutely no evidence to prove the alleged grievous hurt.