V N SASANKAN NAIR S/O NARAYANAN NAIR Vs. KERALA STATE CIVIL SUPPLIES; MANAGING DIRECTOR; JUNIOR MANAGER

JUDGEMENT

(1.) The revision petitioners are accused 1 and 2 in C.C.No.184/1995 of Judicial First Class Magistrate Court, Malappuram and appellant in Crl.Appeal No.109/1996 before the Sessions Court, Manjeri. The accused persons were convicted under Section 341, 323 and 324 read with Section 34 of IPC. They were sentenced to pay a fine of Rs.250/- each , in default, to undergo simple imprisonment for one month each under Section 341 of IPC and to pay a fine of Rs. 500/- each , in default, to undergo simple imprisonment for two months under Section 323 of IPC. They were also sentenced to undergo simple imprisonment for three months each and to pay a fine of Rs. 1,000/- each, in default, to undergo simple imprisonment for one month each under Section 324 of IPC. Out of the fine amount, Rs. 1500/- was ordered to be paid to PW1, the injured as compensation as provided under Section 357(1) Cr.P.C. The lower appellate court confirmed the sentence imposed by the trial court under Section 341 and 323 of IPC which is a fine of Rs. 250/- and Rs. 500/- respectively, in default, to under simple imprisonment for two months each. The sentence imposed under Section 324 of IPC is modified to a fine of Rs. 1500/- by the lower appellate court. The direction of the trial court to give Rs. 1500/- out of the fine amount as compensation to PW1 , the injured, is also confirmed. The accused 1 and 2 have come up in revision challenging their conviction and sentence. As the third accused was absconding, case against him was split up .

(2.) The case of the prosecution as shaped in evidence before the trial court was that on December 5, 1994 at about 10.30 pm. at Angadipparambu in Antiyur amsom, accused 1 to 3 came in an auto rickshaw driven by one Siddique and the second accused wrongfully restrained PW1 by closing his mouth and first accused voluntarily caused hurt on him by beating with hand and stick and third accused beat him with stick inflicting him the injuries described in Ext.P2 wound certificate.

(3.) On appearance before the trial court, accused 1 to 3 pleaded not guilty to a charge under Sections 341, 323 and 324 read with Section 34 of IPC. PWs 1 to 8 were examined and Exts.P1 to P4 were marked on the side of the prosecution. When questioned under Section 313 of Cr.P.C. by the trial court, the accused persons denied the entire transaction. When the case was posted for questioning under Section 313 of Cr.P.C., third accused absconded. Therefore, case against him was split up. No defence evidence was adduced.