SURENDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein is the 3rd accused in C.C. No.93/1994 of the Judicial First Class Magistrate Court, Koyilandy. He and his parents faced prosecution in the court below on the allegation that at about 7.30 p.m. on 21.9.1991, on the public road near the house of the accused and the injured, they assaulted one Sivanandan, and his father Karunakaran Nair due to previous enemity, and inflicted simple and grievous injuries on their body with weapons. The police registered the crime on the F.I.Statement given by the said Sivanandan, and after investigation, submitted final report in court against the three accused. All the three accused appeared before the learned Magistrate, and pleaded not guilty to the charge framed against them under Sections 324 and 326 IPC read with Section 34 IPC.

(2.) The prosecution examined eleven witnesses, and proved Exts.P1 to P5 documents in the trial court. All the accused denied the incriminating circumstances when examined under Section 313 Cr.P.C., 1973 They examined two witnesses on their side, and also proved Exts.D1 to D5 documents. The MO1 weapon of offence was also identified during trial.

(3.) On an appreciation of the evidence, the trial court found the 2nd accused not guilty, and accordingly, she was acquitted. But, the accused Nos.1 and 3 were found guilty under Sections 324 and 326 IPC with the aid of Section 34 IPC. On conviction, they were sentenced to undergo simple imprisonment for six months each under Section 324 IPC, and to undergo simple imprisonment for six months each and to pay a fine of Rs. 2,000/- each under Section 326 IPC. Aggrieved by the judgment of conviction dated 16.10.2002, the accused Nos.1 and 3 approached the Court of Session, Kozhikode with Crl.A. No.549/2002. Pending the appeal, the 1st accused died. In appeal, the learned Sessions Judge confirmed the conviction and sentence, and accordingly, dismissed the appeal. Now, the 3rd accused is before this Court in revision, challenging the legality and propriety of the conviction and sentence.