A.C. BABU Vs. STATE

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against him under Section 326 IPC in C.C. No.68/2002 of the Judicial First Class Magistrate Court-I, Mananthavady. He faced prosecution in the court below on the allegation that at about 9 p.m. on 14.1.2002, on the way near the house of one Raman, the accused assaulted the defacto complainant Koppi due to some previous enemity, and inflicted grievous injuries on his body with an iron rod. Just when Raman and others came at the scene, the accused ran off and escaped. The accused appeared before the learned Magistrate, and pleaded not guilty to the charge framed against him.

(2.) The prosecution examined 11 witnesses, and proved Exts.P1 to P5 documents in the trial court. The MO1 iron rod was also identified during trial. The accused denied the incriminating circumstances, when examined under Section 313 Cr.P.C., 1973. He did not adduce any evidence in defence.

(3.) On an appreciation of the evidence, the trial court found the accused guilty. On conviction, he was sentenced to undergo simple imprisonment for one year, and to pay a fine of Rs. 5,000/-. Aggrieved by the judgment of conviction dated 17.2.2005, the accused approached the Court of Session, Wayanad with Crl.A. No.83/2005. In appeal, the learned Additional Sessions Judge (Adhoc)-II, Kalpetta confirmed the conviction and sentence, and accordingly, dismissed the appeal. Now, the accused is before this Court in revision, challenging the legality and propriety of the conviction and sentence.