ORDER

The concurrent findings of the Judicial First Class Magistrate Court-II, Sulthan Bathery, and the Additional Sessions Court (Adhoc II), Kalpetta, convicting the petitioner for the commission of offence under Section 323 of the Indian Penal Code , 1860, and the modified sentence imposed by the Appellate Court, are under challenge in this revision.

2. The prosecution case is that on 15.10.2003, at about 4.10. pm, the accused criminally trespassed into the courtyard of the house of the defacto complainant, and inflicted voluntary hurt upon her by pushing her aside and beating with hands. Accordingly, the Sub Inspector of Police, Kenichira, had filed the Final Report before the learned Magistrate alleging the commission of offences under Sections 447 and 323 IPC .

3. After the completion of trial with the examination of 7 witnesses as PW1 to PW7, and the marking of 5 documents as Exts.P1 to P5, and also after appreciating the evidence adduced by the accused through the oral testimony of DW1 and the documents marked as Ext.D1, the learned Magistrate acquitted the petitioner for the offence under Section 447 IPC , and convicted him for the offence under Section 323 . He was acc