SANTHOSH THOMAS Vs. STATE OF KRALA

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against him in S.C.No.517 of 2001 of the Court of Session, Thodupuzha. He faced prosecution before the learned Assistant Sessions Judge, Thodupuzha on the allegation that at about 11.30 a.m. on 20.08.1998 at Koombanpara, he assaulted and attacked the Range Officer of the Kothamangalam Forest Flying Squad, and inflicted grievous and serious injuries on his body with weapon, due to previous enmity in connection with the case registered against him, and when the Forest Guards accompanying the Forest Range Officer tried to save the Forest Range Officer, and take the accused into custody, he assaulted them also, and inflicted serious injuries on their body with weapon. The police registered the crime on the First Information Statement given by the Forest Range Officer, and after investigation submitted final report in Court under Sections 333 and 307 IPC.

(2.) The accused appeared before the learned trial Judge, and pleaded not guilty to the charge framed against him under Sections 333 and 307 IPC. The prosecution examined 12 witnesses, and proved Exts.P1 to P18, X1 and X2 documents in the trial court. MO1 to MO9 properties were also identified during trial. When examined under Section 313 Cr.P.C., the accused denied the incriminating circumstances, and projected a defence that he was in fact attacked by the Forest Officials, and he had sustained injuries in the alleged incident. In defence, the accused examined two witnesses, and proved X3 to X5 documents. On an appreciation of the evidence, the trial court found the accused not guilty under Section 307 IPC, but he was found guilty under Sections 333 and 326 IPC. Though the major offence under Section 307 IPC could not be proved, the trial court found the lesser offence punishable under Section 326 IPC. On conviction, he was sentenced to undergo rigorous imprisonment for seven years under Section 333 IPC, and rigorous imprisonment for three years under Section 326 IPC.

(3.) Aggrieved by the judgment of conviction dated 15.09.2004, the accused approached the Court of Session with Crl.Appeal No.283 of 2004. In appeal, the learned Additional Sessions Judge, Thodupuzha confirmed the conviction under Section 333 IPC but, set aside the conviction and sentence under Section 326 IPC. The sentence imposed by the trial court under Section 333 IPC was modified and reduced to rigorous imprisonment for five years, and a fine of Rs.10, 000/- was imposed. Now the accused is before this Court in revision, challenging the legality and propriety of the conviction under Section 333 IPC.