ULLAS AND OTHERS Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioners are the two accused in C.C No.507/1996 of the Judicial First Class Magistrate Court IV, Kozhikode. They faced prosecution in the court below under Sections 323 and 325 I.P.C read with 34 I.P.C, on the allegation that at about 11.45 p.m on 12.4.1996 on the public road in front of the Sagar Hotel at Kozhikode, they assaulted the de facto complainant Nazar and inflicted simple and grievous injuries on his body with hands in connection with a dispute regarding picking of passengers from the place of incident. The de facto complainant is a taxi driver. The two accused are also taxi drivers. The vehicle of the complainant is a jeep, and the accused are the drivers of two tempo vans. The Police registered the crime on the first information statement given by the de facto complainant at the hospital after three days, and after investigation, the Police submitted final report in court.

(2.) The two accused appeared before the learned Magistrate and pleaded not guilty to the charge framed against them. The prosecution examined seven witnesses and proved Exts.P1 to P5 documents in the trial court. Both the accused denied the incriminating circumstances when examined under Section 313 Cr.P.C., 1973 They did not adduce any evidence in defence.

(3.) On an appreciation of the evidence, the trial court found both the accused guilty. On conviction, they were sentenced to undergo simple imprisonment for six months each under Section 323 I.P.C, and to undergo simple imprisonment for two years each and to pay a fine of 2500/- each under Section 325 I.? P.C. The two accused were convicted with the aid of Section 34 I.P.C.