ZAKARIYA Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein is the 1st accused in C.C of the Chief Judicial Magistrate Court, Kasaragod. No.175/1995 He and five others faced prosecution in the court below under Sections 143, 147, 148, 341, 323, 324, 326 and 506(ii) I.P.C on the allegation that at about 11 p.m on 15.10.1994, they trespassed into the house of one Suhrabi at Pavoor within the limits of the Manjeswaram Police, assaulted her and her son due to previous enmity in connection with some property dispute and inflicted simple and grievous injuries on their body with a heavy stick. The Police registered the crime on the first information statement given by the son of the said Suhrabi and submitted final report after investigation.

(2.) All the accused appeared before the learned Magistrate, and pleaded not guilty to the charge framed against them. The prosecution examined eight witnesses, and proved Exts.P1 to P7 documents in the trial court. The MO1 weapon of offence was also identified during trial. The accused denied the incriminating circumstances when examined under Section 313 Cr.P.C and maintained a defence of total denial. They did not adduce any evidence in defence. The accused also projected a defence that the victims probably sustained injuries in a fall.

(3.) On an appreciation of the evidence, the trial court found the accused Nos.2 to 6 not guilty of any of the offences alleged and accordingly they were acquitted. The 1st accused was also found not guilty under Sections 143, 147, 148, 341, 323, 324, and 506 (ii) I.P.C, but he was found guilty under Section 326 I.P.C. On conviction thereunder, he was sentenced to undergo rigorous imprisonment for three years and to pay a fine of 3,000/-.