M. Sasidharan Nambiar, J.

Petitioner, the first accused in C.C. No. 401/1993 on the file of Judicial First Class Magistrate's Court, Ranni, along with accused 2 and 3, were convicted and sentenced for the offence under Section 332 read with Section 34 of Indian Penal Code. They challenged the conviction and sentence before Sessions Court, Pathanamthitta in Crl.A.No.97/1996. Learned Additional Sessions Judge, on re-appreciation of evidence, found that names of accused 2 and 3 were not mentioned before the doctor or in Exhibit P1 F.I. Statement and evidence of PWs 1 to 4 that they identified accused 2 and 3 cannot be believed. Their conviction was, therefore, set aside and they were acquitted. But, learned Additional Sessions Judge relied on the evidence of PWs 1 to 3 and held that petitioner was one among the persons, who pelted stones on PWs 1 to 4 and voluntarily caused hurt to PWs 1 to 4. Therefore, his conviction for the offence under Section 332 of Indian Penal Code as well as the sentence were confirmed. This revision is filed challenging the conviction and sentence.

2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard.

3. Argument of th