JAYADEVAN, S/O. VISWANATHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against him under Sections 452 and 326 of the Indian Penal Code in C.C. No. 27 of 1999 of the Judicial First Class Magistrate Court-V (Special Court for Mark List Cases). He faced prosecution in the court below on the allegation that at about 9.00 p.m. on 30.09.1998, he trespassed into the Samanya S.T.D. booth at Kesavadasapuram, where the defacto complainant Gopakumar was conducting sale temporarily as authorised by the trader, and he attacked the said Gopakumar, and inflicted a serious injury on his body with a dagger, due to previous enmity. The police registered the crime on the complaint made by the said Gopakumar, and after investigation, submitted final report in court under Sections 452 and 326 IPC.

(2.) The accused appeared before the learned Magistrate, and pleaded not guilty to the charge framed against him. The prosecution examined nine witnesses, and proved Exts.P1 to P6 documents. The MO1 and MO2 properties were also identified during trial.

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