K.M.GOVINDAN NAMBEESAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against him under Section 324 IPC in C.C.224/1995 of the Judicial First Class Magistrate Court, Payyannur. The victim of offence in this case is his brother-in-law. The accused faced prosecution in the court below on the allegation that at about 6.30 a.m. on 11.5.1990, at the courtyard of his house, the accused assaulted him, and inflicted injuries on his body with weapons like bill hook, piece of grinding stone, etc. The police registered the crime on the F.I.Statement given by the brother-in-law of the victim, who is also a co-brother of the accused. After investigation, the police submitted final report in court. The accused appeared before the learned Magistrate, and pleaded not guilty to the charge framed against him.

(2.) The prosecution examined nine witnesses, and proved Exts.P1 to P7 documents in the trial court. The MO1 to MO4 properties, including the weapons of offence were also identified during trial. The accused denied the incriminating circumstances, when examined under Section 313 Cr.P.C., and projected a defence that the accused sustained injuries in a fall. 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 rigorous imprisonment for two years, and to pay a fine of Rs. 5,000/-. Aggrieved by the judgment of conviction dated 29.3.2001, the accused approached the Court of Session, Thalassery with Crl.A. No.200/2001. In appeal, the learned Additional Sessions Judge (Adhoc)-III, Thalassery confirmed the conviction, but modified the sentence. Accordingly, the jail sentence was reduced to rigorous imprisonment for one year. Now, the accused is before this Court in revision, challenging the legality and propriety of the conviction and sentence.