SOMAN Vs. STATE OF KERALA AND OTHERS

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against him under Sections 341, 323 and 324 of the Indian Penal Code in C.C.No. 315 of 1995 of the Judicial First Class Magistrate Court, Ranni. He faced prosecution in the court below on the allegation that at about 11.00 a.m. on 06.04.1995, he assaulted one Shaji, and when the brother of Shaji intervened to save Shaji, the accused assaulted him also, and inflicted an injury on his abdomen with a knife. The Police registered the crime on the basis of the First Information Statement given by the said Shaji. During investigation, the weapon of offence was seized, and the accused was arrested. 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. The prosecution examined 8 witnesses, and proved Exts. P1 to P8 documents in the trial court. The MO1 knife was also identified during trial.

(3.) When examined under Section 313 Cr.P.C., the accused denied the incriminating circumstances, and projected a defence of total denial. He did not adduce any evidence in defence.