MADHU Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against him under Sections 452, 324 and 326 IPC in C.C. No.256/1996 of the Judicial First Class Magistrate Court- III, Neyyattinkara. The prosecution case is that at about 8.30 p.m. on 1.11.1993, at a by-lane near the house of one Ravindranath, the accused assaulted one Shabu and his friend Radhakrishnan, inflicted severe injury on the left hand of the said Shabu with a dagger, causing amputation of his thumb, and when Radhakrishnan intervened to rescue Shabu, the accused assaulted Radhakrishnan too. When Radhakrishnan ran off and took shelter at the house of Ravindranath, the accused chased him, trespassed into the said house, and inflicted serious injury on the body of Radhakrishnan also with the same weapon. When the inmates of the house made a hue and cry, the accused ran off and escaped with the weapon in his hands. The police registered the crime on the F.I.Statement given by the said Shabu. During investigation, the police made an attempt to seize the weapon of offence by conducting a search at the house of the accused, but, it failed. However, after investigation, the police submitted final report in court under Sections 452, 324 and 326 IPC. The accused appeared before the learned Magistrate, and pleaded not guilty to the charge framed against him under the above sections.

(2.) The prosecution examined eight witnesses, and proved Exts.P1 to P5 documents in the trial court. When examined under Section 313 Cr.P.C., 1973 the accused denied the incriminating circumstances. The defence projected by the accused during trial is that the injured probably sustained injuries in a scooter accident. The accused 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 under Section 452 IPC, to undergo simple imprisonment for one year under Section 324 IPC, and to undergo rigorous imprisonment for two years, and to pay a fine of Rs. 3,000/- under Section 326 IPC. Aggrieved by the judgment of conviction dated 25.9.1998, the accused approached the Court of Session, Thiruvananthapuram with Crl.A. No.402/1998. In appeal, the learned 1st Additional Sessions Judge, Thiruvananthapuram 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.