RAJU Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against him under Sections 452 and 324 I.P.C in C.C No.793/2001 of the Judicial First Class Magistrate Court, Pala. He faced prosecution in the court below under Sections 452, 324, 294(b) and 427 I.P.C on the allegation that at about 4.30 p.m on 24.8.2001, he trespassed into M/s.Deepa Shoe Mart, belonging to one Thomas, being armed with a wheel spanner, with the object of assaulting him, he assaulted Thomas at the shop room and inflicted injuries on his body with the wheel spanner. The Police registered the crime on the complaint made by the said Thomas and submitted final report in court, after investigation.

(2.) The accused appeared before the learned Magistrate and pleaded not guilty to the charge framed against him. The prosecution examined ten witnesses and proved Exts.P1 to P7 documents in the trial court. The MO1 weapon of offence was also identified during trial. The accused denied the incriminating circumstances when examined under Section 313 Cr.P.C., 1973 He did not adduce any oral evidence, but Exts.D1 to D3 were marked on his side.

(3.) On an appreciation of the evidence, the trial court found the accused not guilty under Sections 294(b) and 427 I.P.C, but he was found guilty under Sections 452 and 324 I.P.C. On conviction, he was sentenced to undergo simple imprisonment for six months and to pay a fine of 3000/- under Section 452 ? I.P.C and to undergo another term of simple imprisonment for six months under Section 324 I.P.C.