JUDGMENT

ADARSH KUMAR GOEL, J.

1. Leave granted. This appeal has been preferred against judgment and order dated 31st October, 2014 passed by the High Court of Kerala at Ernakulam in Criminal Appeal No.285 of 2003.

2. The appellant stands convicted under Sections 324 and 326 of the Indian Penal Code (“IPC”) and sentenced to undergo rigorous imprisonment for two years and three years respectively and to pay fine of Rs.30,000/-to the injured as compensation. The appellant is son of cousin of injured Sukumaran (PW1).

3. Prosecution case is that on 14th May, 1999 at 7.30 a.m., the appellant attacked PW 1 by using a bat made of coconut leaf stem. PW 1 fell down on receiving the blow. The appellant sat on the chest of PW 1 and caused injuries with a stone. PW 1 became unconscious. He was admitted to Medical Trust Hospital, Ernakulam, wherein he remained indoor patient for 32 days. PW 10, Dr. Anandam Radhakrishnan, Casualty Medical Officer in the said hospital examined PW 1 at 8.45 a.m. and found following injuries as per Exhibit P5 :

“(1) 4 x 1 cms through and through lacerated wound over left angle of the mouth extending upwards exposing left upper gum. The second, third and fourth tee