IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN

TUESDAY, THE 27TH DAY OF JANUARY 2015/7TH MAGHA, 1936

Crl.Rev.Pet.No. 3175 of 2006 ( )

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AGAINST THE JUDGMENT IN CRL.A 654/2005 SESSIONS COURT, KOTTAYAM

DATED 03-06-2006

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AGAINST THE JUDGMENT IN CC 704/2003 OF JUDICIAL FIRST CLASS MAGISTRATE

COURT, ERATTUPETTA DATED 09-11-2005

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REVISION PETITIONER(S)/(APPELLANT/ACCUSED)::

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IJAS, S/O. KAREEM,

ARAYASSERIL HOUSE, KEERIYATHOTTAM BHAGAM, NADACKAL

ERATTUPETTA.

BY ADV. SRI.T.M.ABDUL LATHEEF

RESPONDENT(S)/(RESPONDENT/COMPLAINANT)::

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STATE OF KERALA,

REPRESENTED BY THE PUBLIC PROSECUTOR

HIGH COURT OF KERALA, ERNAKULAM.

THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON

27-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

R.AV

K.RAMAKRISHNAN, J

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CRL.R.P.NO.3175 OF 2006

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Dated this the 27^th day of January 2015

ORDER

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Accused in CC.704/2003 on the file of the Judicial First

Class Magistrate Court, Erattupetta is the revision petitioner

herein.

2.

The revision petitioner was charge sheeted by the

Sub Inspector of Police, Erattupetta police station in Crime

No.348/2003 under section 324 of the Indian Penal Code.

3.

The case of the prosecution in nutshell was that on

25.8.2003, at about 7.15 pm, the revision petitioner with an

intention to cause voluntarily hurt to PW1, stabbed PW1 with a

knife a dangerous weapon just below the chest at a place

appearing like as a slab fixed with cement situated adjacent to

the steps starting from the Nadakkal Mullapra road towards the

Aryasseril house on the north of the road at Keeriyathottam

bagom of Nadakkal kara of Erattupetta village and thereby he

had committed the above said offence.

4.

After investigation, final report was filed and it was

taken on file as CC.704/2003 on the file of the Judicial First

Class Magistrate Court, Erattupetta. When the revision

petitioner appeared before the court below, after hearing both

CRL.R.P.NO.3175 OF 2006

2

sides, charge under section 324 of the Indian Penal Code was

framed, and the same was read over and explained to him and

he pleaded not guilty. In order to prove the case of the

prosecution, PWs 1 to 9 were examined and Exts.P1 to P6 were

marked on their side. After closure of the prosecution evidence,

the revision petitioner was questioned under section 313 of the

Code of Criminal Procedure and he denied all the incriminating

circumstances brought against him in the prosecution’s

evidence. He had further stated that at about 8.00 p.m on the

same day, PW1 trespassed into the front yard of the residence

of the revision petitioner abused him and hit him with the torch

on his head and cheek and when the mother of the revision

petitioner tried to resists the acts of PW1, she was also

manhandled by PW1 and there was some scuffle occurred

between them in which both of them fell down and rolled down

through the steps and sustained injuries and he never inflicted

any injury on the injured. Except marking Ext.D1, no other

evidence was adduced on his side in defence. After considering

the evidence on record, the trial court found the revision

petitioner guilty under section 324 of Indian Penal Code and

convicted him thereunder and sentenced him to undergo simple

imprisonment for four months and also to pay a fine of

Rs.3000/- in default to undergo simple imprisonment for one

CRL.R.P.NO.3175 OF 2006

3

month. It is further ordered that if the fine amount is realised,

an amount of Rs.2000/- to be paid to PW1 as compensation

under section 357(1) (b) of the Code of Criminal Procedure.

Aggr