DIVAKARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against him under Section 326 IPC in C.C. No.485/1999 of the Judicial First Class Magistrate Court, Adimaly. He faced prosecution in the court below on the allegation that at about 7 p.m. on 3.5.1999, he assaulted the de facto complainant Janaki, and inflicted grievous injuries on her body with a chopper, due to previous enemity. The police registered the crime on the complaint made by the said Janaki, and after investigation, submitted final report in court. The accused appeared before the learned Magistrate, and pleaded not guilty to the charge framed against him under Section 326 IPC.

(2.) The prosecution examined fifteen witnesses, and proved Exts.P1 to P5 documents in the trial court. The MO1 to MO9 properties were also identified during trial. The accused did not adduce any evidence in defence. He denied the incriminating circumstances, when examined under Section 313 Cr.P.C., 1973

(3.) On an appreciation of the evidence, the trial court found the accused guilty. On conviction, he was sentenced to undergo rigorous imprisonment for three years, and to pay a fine of Rs. 5,000/-. Aggrieved by the judgment of conviction dated 18.5.2004, the accused approached the Court of Session, Thodupuzha with Crl.A. No.166/2004. In appeal, the learned Additional Sessions Judge (Adhoc)-I, Thodupuzha confirmed the conviction, but modified the sentence. Accordingly, the jail sentence was reduced to rigorous imprisonment for one month, and in lieu of such modification and reduction, the accused was directed to pay a compensation of Rs. 35,000/- to the injured under Section 357(3) Cr.P.C., 1973 While awarding compensation, the appellate court did not set aside the fine sentence. Now, the accused is before this Court in revision, challenging the legality and propriety of the conviction and sentence.