RAMESH Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner was the appellant in Crl.Appeal No.188 of 2006 on the file of the Court of Sessions, Palakkad Division and the accused in CC No. 610 of 2003 on the file of the Judicial First Class Magistrate Court-III, Palakkad.

(2.) The revision petitioner was tried for the offences punishable under Sections 447 , 341 , 323 , 324 , 354 and 506(I) of the Indian Penal Code (hereinafter referred to as, " IPC ") by the trial court. He was ultimately found guilty of the offences punishable under Sections 447 , 341 , 323 , 324 and 506(I) of the IPC. By the judgment dated 16.02.2006, the learned magistrate convicted the accused for the offences punishable under Sections 447 , 341 , 323 , 324 and 506(I) of the IPC and sentenced to undergo mandatory term of imprisonment and also to pay fine. The accused was found not guilty of the offence punishable under Section 354 of the IPC and accordingly, he was acquitted.

(3.) The prosecution case, in brief, is that on 12.08.2003 at 2.30 pm, the accused criminally trespassed into the house compound of PW1 at Thekkoni while PW1 was filling up with enough water in the container, which was kept inside the bathroom on the south-eastern side of her house bearing Door No.XIII/440. PW1 carried water pots from the neighbouring compound of a school teacher. When she brought the water pots to the bathroom, she found the accused inside the bathroom. According to her, when she asked the accused as to why he had been there, the accused uttered obscene words, caught hold of her, pushed her and hit on her head, face and arms causing injuries. Further, the accused threatened that she would be done away with.