RATHEESHKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against him under Section 324 IPC in C.C.No.23 of 1999 of the Judicial First Class Magistrate Court, Chittur. He faced prosecution in the court below on the allegation that at about 06.45 PM on 03.11.1998, he assaulted one Satheesh Babu, due to some previous enmity and inflicted two stab wounds on his body with a knife. The police registered the crime on the basis of the First Information Statement given by the injured, and after investigation, the Police submitted final report in court. The accused appeared before the learned Magistrate, and pleaded not guilty to the charge framed against him. The prosecution examined eight witnesses and proved Exts.P1 to P5 documents in the trial court. When examined under Section 313 Cr.P.C,, 1973 the accused denied the incriminating circumstances. He did not adduce any evidence in defence.

(2.) On an appreciation of the evidence, the trial court found the accused guilty. On conviction, he was sentenced to undergo rigorous imprisonment for two years, and he was also directed to pay a compensation of Rs. 50,000/- to the injured under Section 357(3) Cr.P.C., 1973

(3.) Aggrieved by the judgment of conviction dated 26.04.2001, the accused approached the Court of Session, Palakkad, with Crl.A.No.207 of 2001. In appeal, the learned learned Additional Sessions Judge (Adhoc-I) Palakkad, confirmed the conviction, but modified the sentence. Accordingly, the jail sentence was reduced to rigorous imprisonment for one year and the amount of compensation was reduced to Rs. 10,000/-. Now the accused is before this Court in revision, challenging the legality and propriety of the conviction and sentence.