MARIAMMA JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein is an old lady now. At the age of 50 years, she faced prosecution before the Judicial First Class Magistrate Court, Vaikom in C.C.No.235 of 1998 under Sections 447 and 326 IPC on the allegation that at about 11.00 a.m. on 03.01.1998 she trespassed into the property of the defacto complainant, Mary, and inflicted grievous injuries on her body with a chopper, in connection with the then pending property dispute. The police registered the crime on the basis of the First Information Statement given by the injured Mary. After investigation the police submitted final report in Court.

(2.) The accused appeared before the learned Magistrate, and pleaded not guilty to the charge framed against her under Sections 447 and 326 IPC. The prosecution examined ten witnesses and proved Ext.P1 to P7 documents in the trial court. The MO1 weapon of offence was also identified during trial. The accused denied the incriminating circumstances, when examined under Section 313 Cr.P.C., 1973 and projected a defence that the defacto complainant happened to sustain injuries during a scuffle that ensued in connection with the property dispute. The accused did not adduce any evidence in defence. On an appreciation of the evidence, the trial court found the accused guilty. On conviction, he was sentenced to undergo simple imprisonment for two years, and to pay fine of Rs. 3,000/- under Section 326 IPC, and to undergo simple imprisonment for three months under Section 447 IPC.

(3.) Aggrieved by the judgment of conviction dated 28.02.2004, the accused approached the Court of Session, Kottayam with Crl.Appeal No.119 of 2004. In appeal, the learned Sessions Judge confirmed the conviction, but, modified and reduced the sentence. Accordingly, the jail sentence under Section 326 IPC was reduced to simple imprisonment for one year, and the fine sentence was maintained. Now the accused is before this Court in revision challenging the legality and propriety of the conviction and sentence.