PURUSHOTHAMAN Vs. STATE OF KERALA & ORS.

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against him under Section 324 IPC in C.C. No. 381/1997 of the Judicial First Class Magistrate Court, Ranny. He faced prosecution in the court below on the allegation that at about 8.30 a.m. on 23.6.1997, he assaulted the de facto complainant Anirudhan, and inflicted injuries on his body with an iron spring. The police registered the crime on the basis of the F.I.Statement given by the said Anirudhan. After investigation, the police submitted final report in court under Sections 427 and 324 IPC. The accused appeared before the learned Magistrate, and pleaded not guilty to the charge framed against him.

(2.) The prosecution examined six witnesses, and proved Exts.P1 to P5 documents in the trial court. 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 not guilty under Section 427 IPC, but, he was found guilty under Section 324 IPC. On conviction, he was sentenced to undergo rigorous imprisonment for one year. Aggrieved by the judgment of conviction dated 23.2.2000, the accused approached the Court of Session, Pathanamthitta with Crl.A. No. 67/2000. In appeal, the learned Additional Sessions Judge (Adhoc)-I, Pathanamthitta confirmed the conviction and sentence, and accordingly, dismissed the appeal.