ACCUSED RASHEED Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is preferred challenging the conviction and sentence in S.C.No. 415/05 on the files of the Additional Sessions Court (ADHOC-I) , Manjeri. The conviction is under Section 324 of IPC and sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 5,000/- (Rupees Five Thousand only) , with a default imprisonment for a period of six months.

(2.) When the appeal came up for hearing, the learned Counsel appearing for the appellant submitted before this Court that the prosecution case is that on 05.03.2005 at about 1.15 p.m, the appellant assaulted the injured with an iron rod and thereby committed an offence under Section 308 of IPC.

(3.) After registering the crime, investigation conducted and charge sheet filed. Prosecution altogether examined 9 witnesses and Exts. P1 to P7 marked, MO1 iron rod also identified. On the side of the defense, Ext. D1 marked. After appreciating the evidence, the court below convicted the accused under Section 324 of IPC, and sentenced as stated above.