J U D G M E N T

The appellant is the 1st accused in S.C.No.167 of 2003 on the file of the Additional District & Sessions Judge-Vadakara. He was tried for the offences punishable under Sections 332 and 307 read with Section 34 of IPC and was convicted for the sole offence punishable under Section 332 of IPC and sentenced to undergo rigorous imprisonment for one year. He was acquitted of charge under Section 307 of IPC. Being aggrieved by the order of conviction and sentence, this appeal is preferred.

2. He was charge sheeted by the Sub Inspector of Police, Nadapuram, before the Judicial First Class Magistrate Court, Nadapuram, along with the co-accused for the offences punishable under Sections 341, 324, 332, 307 and 294(b) read with :-3-:

Section 34 IPC, on the allegation that the accused after sharing their common intention, wrongfully restrained PW1, a Police Constable who was a member of the Mobile Squad attached to Armed Force Battalion, Thrissur on 29.5.2000 at 8 p.m. and voluntarily caused hurt on him deterring his official duties in a public road in Nadapuram town by means of M.O.1 metal piece. Since the co- accused was not available and was reported to be absconding, the case