VASU Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against him under Section 326 of the Indian Penal Code in C.C. No. 767 of 1999 of the Judicial First Class Magistrate Court-II, Palakkad. He faced prosecution in the court below on the allegation that at about 2.30 p.m. on 17.02.1991, at a paddy field at Mundur Kothakulam, he assaulted the defacto complainant Kannappan, and inflicted a grievous injury on his body with a dagger. The police registered the crime on the complaint made by the said Kannappan, and submitted final report in court under Section 324 IPC.

(2.) Initially, the trial court framed a charge against the accused under Section 324 IPC, to which he pleaded not guilty. Thereafter, on the basis of the medical documents showing in-patient treatment for more than 20 days, the court altered the charge to Section 326 IPC. The accused pleaded not guilty to the altered charge also. The prosecution examined seven witnesses, and proved Exts. P1 to P7 documents in the trial court. The MO1 and MO2 properties, including the weapon of offence, were also identified during trial.

(3.) The accused denied the incriminating circumstances when examined under Section 313 Cr.P.C., 1973 and projected a defence of total denial. He did not adduce any evidence in defence.