RAJU Vs. STATE

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against him under Section 332 IPC in S.C. No. 252/1997 of the Court of Session, Kollam. He faced prosecution before the learned Assistant Sessions Judge, Kottarakara on the allegation that, when an excise team led by the Circle Inspector of Excise, Kottarakara proceeded to arrest him, on seeing him selling arrack at Kattadimukku at about 4 p.m. on 17.2.1997, he attacked the excise party and inflicted serious injuries on the body of one excise guard with a sharp belt sword, in an attempt on his life. The police registered the crime on the F.I. Statement given by the injured excise guard, and after investigation, submitted final report in court under Sections 307 and 333 IPC.

(2.) The prosecution examined eight witnesses and proved Exts.P1 to P6 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 oral evidence, however, Exts.D1 to D4 were marked on his side. On an appreciation of the evidence, the trial court found the accused not guilty under Sections 307 and 333 IPC, but he found guilty under Section 332 IPC. On conviction, he was sentenced to undergo rigorous imprisonment for one year under Section 332 IPC.

(3.) Aggrieved by the judgment of conviction dated 5.8.1999, the accused approached the Court of Session, Kollam with Crl.A. No. 108/1999. In appeal, the learned 1st Additional Sessions Judge, Kollam confirmed the conviction and sentence, and accordingly, dismissed the appeal. Now, the accused is before this Court in revision, challenging the legality and propriety of the conviction and sentence.