UNNY Vs. STATE REPRESENTED BY THE PUBLIC PROSECUTOR

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. 283 of 1999 of the Judicial First Class Magistrate Court-I, Aluva. He faced prosecution in the court below on the allegation that at about 9.15 p.m. on 25.11.1998, he assaulted the defacto complainant, Ramakrishnan on the public road in front of his house, due to previous enmity, and inflicted simple and grievous injuries on his body with a chopper. The Police registered the crime on the First Information Statement given by the injured, and 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 six witnesses, and proved Exts.P1 to P6 documents in the trial court.

(3.) When examined under Section 313 Cr.P.C., 1973 the accused denied in the incriminating circumstances, and projected a defence that the defacto complainant probably sustained injuries in a fall from a coconut tree. He also examined one witness on his side as DW1.