O R D E R

The accused in C.C.No.230/1996 of the Judicial First Class Magistrate's Court, Parappanangadi challenged his conviction and sentence before the Sessions Court, Manjeri through Crl.A.No.9/2001. The learned Sessions Judge concurred with the findings on conviction entered by the trial court; but modified the sentence as simple imprisonment for one month and compensation of `2,000/- payable to PW1 within one month, in default, to undergo simple imprisonment for one more month.

2. The prosecution case is that on 08.01.1996 at 9.00 p.m, while PW1, who was on duty as gate keeper at the railway gate at Meenadathur, had closed the railway gate on getting message from the authorities that the train was about to pass through the gate. The petitioner, who came there by his scooter from Tirur side, asked PW1 to open the gate for him to pass through. PW1 did not heed to the demand as the train was about to come. The petitioner, on getting furious, went into the railway gate and fisted PW1 on the left side of his chest and kicked him on his abdomen, thereby voluntarily causing hurt to him and deterring him from the discharge of his official duties. In the process, PW1 fell down with the