ASHRAF Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against him under Sections 447 and 324 IPC in C.C.No.125 of 2000 of the Judicial First Class Magistrate's Court-I, Perambra.

(2.) He faced prosecution on the allegation that at about 8.00 a.m. on 30.03.1998, he trespassed into the house compound of one Nabeeza, assaulted her, and inflicted injuries on her body with a wooden stick due to some previous enmity. The police registered the crime on the First Information Statement given by the victim, and submitted final report in Court after investigation.

(3.) The accused appeared before the learned Magistrate, and pleaded not guilty to the charge framed against him. The prosecution examined seven witnesses, and proved Exts.P1 to P5 documents in the trial court. The MO1 stick was also identified during trial. When examined under Section 313 Cr.P.C., the accused denied the incriminating circumstances, and projected a defence that this is a false case foisted due to previous enmity. The accused did not adduce any evidence in defence. On an appreciation of the evidence, the trial court found the accused guilty. On conviction, he was sentenced to undergo simple imprisonment for three months under Section 447 IPC, and to undergo rigorous imprisonment for six months under Section 324 IPC.