J U D G M E N T

Dated this the 9th day of February, 2023 This appeal has been filed by the accused in S.C.No.242/2006 on the files of the Additional Sessions Judge, Fast Track Court (Adhoc)-II, Kottayam (for short 'the court below'), against the judgment dated 5.12.2006 convicting and sentencing him under Sections 341 , 323, 426, 332 and 308 of the IPC .

2. The defacto complainant is a doctor by profession. He was working as Senior Lecturer in Neurology department, Medical College Hospital, Kottayam. The prosecution allegation is that while the defacto complainant was on duty in Ward No.17 on 18.5.2006, at about 12.15 - 12.20 pm, the accused wrongfully restrained and assaulted him with intention to deter him from discharging his duty as a public servant.

3. On the side of the prosecution, PW1 to PW7 were examined and Exts. P1 to P7 were marked. MO1 was identified. Ext.D1 was marked on the side of the defence. After full-fledged trial, the court below convicted the accused and sentenced him to undergo rigorous imprisonment for 3 years under Section 308 of the IPC , to undergo rigorous imprisonment for 3 months under Section 332 of the and to undergo simple imprisonment for 1 month