LALAN 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. 707 of 1998 of the Judicial First Class Magistrate Court-I, Kochi. He is a toddy tapper by profession. The prosecution case is that at about 6.45 p.m. on 11.04.1998, at the public pathway in front of the house of one Samson, near the Kumbalangi Post Office, the accused got infuriated when the defacto complainant Joseph Manuel demanded toddy from him for the money given by him in the morning, and when Joseph Manuel made persistent demand, the accused inflicted a grievous injury on the body of the complainant with his chopper. The assault caused a severe injury on the calf muscle, involving fracture of the right tibia. Without any delay, the complainant was taken to the Government Hospital, Karuvelipady from where he was referred to the General Hospital, Ernakulam. The fracture was detected at the General Hospital. On getting intimation from the General Hospital, the Police recorded the First Information Statement of the complainant on 14.04.1998, and FIR was registered. 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 him under Section 326 IPC. The prosecution examined ten witnesses, and proved Exts.P1 to P6 documents in the trial court. The MO1 chopper was also identified during trial.

(3.) The accused denied the incriminating circumstances when examined under Section 313 Cr.P.C.. He did not adduce any oral evidence in defence. However, Ext.D1 was marked on his side.