ORDER

The petitioner faced trial in C.C.No.584 of 2005 before the Judicial First Class Magistrate Court, Muvattupuzha, for the commission of the offences under Sections 323 and 326 IPC . The prosecution allegation was that on 04.04.2004, at about 4.00 pm, the petitioner inflicted voluntary hurt and grievous hurt upon the defacto complainant by hitting with a wooden rafter causing grievous hurt to him. The Trial Court, after considering the evidence adduced by the prosecution through the oral testimonies of PWs 1 to 8, and the documents marked as Exts.P1 to P5, and also after considering the material object identified as MO1, convicted the petitioner for the commission of the offence under both the above sections. He was sentenced to Simple Imprisonment for three months, and fine Rs.1,000/- under Section 326 , and Simple Imprisonment for one month under Section 323 . In the appeal before the Additional Sessions Court, Ernakulam, in Crl.A.No.439 of

2009, the learned Addi