THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein is the first accused in C.C. No. 56 of 1997 of the Chief Judicial Magistrate Court, Thrissur. He and his wife (second accused) faced prosecution in the court below on the allegation that at about 8.00 p.m. on 07.12.1996, they assaulted their neighbour, Kanakam, on the road in front of her house, and inflicted simple and grievous injuries on her body with the handle of a spade. The police registered the crime on the First Information Statement given by the Said Kanakam. After investigation, the Police submitted final report in Court.

(2.) Both the accused appeared before the learned Magistrate, and pleaded not guilty to the charge framed against them under Section 326 read with Section 34 IPC. The prosecution examined 9 witnesses, and proved Exts. P1 to P7 documents in the trial court. The MO1 to MO3 properties, including the weapon of offence, were identified during trial.

(3.) Both the accused denied the incriminating circumstances when examined under Section 313 Cr.P.C., 1973. They did not adduce any evidence in defence.