KANARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioners herein challenge the conviction and sentence against them under Sections 326 and 341 of the Indian Penal Code in C.C. No. 471 of 1998 of the Additional Chief Judicial Magistrate Court, Thalassery. They faced prosecution in the court below on the allegation that at about 9.30 p.m. on 28.03.1998, at the pathway leading to the house of one Amer Nath at Pattiyam while Amer Nath and his wife were returning from the hospital after treatment, the accused who were hiding at the side of the pathway being armed with weapons, attacked the said Amer Nath, and inflicted simple and grievous injuries on his body with the weapons like bill hook. The police registered the crime on the First Information Statement given by the said Amer Nath and after investigation, the police submitted final report in court under Sections 341, 323, 324 and 326 read with Section 34 IPC.

(2.) The two accused appeared before the learned Magistrate, and pleaded not guilty to the charge framed against them. The prosecution examined seven witnesses, including the victim and his wife, and proved Exts.P1 to P4 documents in the trial court.

(3.) 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 fall. The accused did not adduce any oral evidence in defence, but Ext.D1 was marked on their side.