SUNIL KUMAR @ SUNIL Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against him under Sections 323 and 325 I.P.C in C.C 555/2001 of the Judicial First Class Magistrate Court-I, Kanjirappally. He faced prosecution in the court below on the allegation that at about 4.30 p.m on 29.4.2001, on the public road in front of the shop of one Sarojini at Kannattukavala, he assaulted the de facto complainant Padimini due to previous enmity, beat her with hand and also hit on her eye with a stone causing simple and grievous injuries. The Police registered the crime on the complaint made by the said Sarojini and submitted final report in court after investigation under Sections 323 and 326 I.P.C.

(2.) The accused appeared before the learned Magistrate and pleaded not guilty to the charge framed against him. The prosecution examined nine witnesses and proved Exts.P1 to P7 documents in the trial court. Despite efforts, the material object could not be seized or recovered by the Police during investigation. The accused denied the incriminating circumstances when examined under Section 313 Cr.P.C and projected a defence that the complainant probably sustained injuries in a scuffle or in a fall. The accused did not adduced any evidence in defence.

(3.) On an appreciation of the evidence, the trial court found the accused guilty under Sections 323 and 326 I.P.C. On conviction, he was sentenced to undergo simple imprisonment for two years and to pay a fine of 5000/- under Section 326 I.P.C and to undergo simple imprisonment for three months under Section 323 I.P.C.