JUDGMENT

(SMT.) RANJANA PRAKASH DESAI, J.

1. Leave granted.

2. In this appeal, judgment and order dated 17/1/2012 passed by the Kerala High Court confirming the appellant's conviction under Section 326of the Penal Code is under challenge. We have granted application for impleadment of Uddesh who was examined as PW-2 as he had suffered grievous injury at the hands of the appellant. He is, therefore, party to the present appeal.

3. The appellant is original Accused 1. He was tried along with seven others by the Judicial Magistrate, First Class, Thrissur in Criminal Complaint No.23 of 1997 for offences punishable under Sections 143, 147,148, 323, 324, 326 read with Section 149 of the Penal Code. Learned Magistrate convicted the appellant for offence punishable under Section 326of the Penal Code for having caused grievous hurt by dangerous weapon to PW-2 Uddesh and sentenced him to undergo rigorous imprisonment for three years. The appellant was also ordered to pay Rs.25,000/- as compensation to PW-2 Uddesh. In default of payment of compensation, the appellant was to undergo simple imprisonment for six months.

The appellant was, however, acquitted of all other charges. The other accused wer