MANAYATH SAIDALAVI Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein is the sole accused in C.C.No. 193 of 1997 of the Judicial First Class Magistrate Court, Tirur. He faced prosecution before the court below under Section 326 of the Indian Penal Code on the allegation that at about 10.00 a.m. on 17.02.1990, he assaulted his neighbour, Muhammed, at the boundary of his property, and inflicted a grievous hurt on his body with a stone. The accused and the injured are next door neighbours, and they are close relatives too. The incident happened in connection with a boundary dispute between them.

(2.) The accused appeared before the learned Magistrate, and pleaded not guilty to the charge framed against him under Section 326 IPC. The prosecution examined eight witnesses, and proved Exts. P1 to P4 documents in the trial court. The alleged weapon of offence was also identified during trial as MO1.

(3.) When examined under Section 313 Cr.P.C., the accused denied the incriminating circumstances, and projected a defence that the complainant in fact sustained injury in a fall. However, the accused did not adduce any evidence in defence.