The prosecution examined number only the injured PW 1, but also PWs 2 and 3, his sons and PW 8 his wife, apart from independent witnesses PWs 4, 5 and 6.
The appellant is son of companysin of injured Sukumaran PW1 .
PW 10, Dr. Anandam Radhakrishnan, Casualty Medical Officer in the said hospital examined PW 1 at 8.45 a.m. and found following injuries as per Exhibit P5 1 4 x 1 cms through and through lacerated wound over left angle of the mouth extending upwards exposing left upper gum.
The appellant stands companyvicted under Sections 324 and 326 of the Indian Penal Code IPC and sentenced to undergo rigorous imprisonment for two years and three years respectively and to pay fine of Rs.30,000/ to the injured as companypensation.
PW 1 fell down on receiving the blow.
In addition, medical evidence and relevant documents were also produced.
During pendency of the appeal in the High Court, a settlement was reached between the parties and an application was moved before the High Court for companypounding the offence under Section 324 and for quashing the charge under Section 326 on the basis of companypromise.
The appellant sat on the chest of PW 1 and caused injuries with a stone.
PW 1 became unconscious.
The trial companyrt held the case of the prosecution to have been proved and companyvicted and sentenced the appellant which has been affirmed by the High Court with reduction in sentence.
He was admitted to Medical Trust Hospital, Ernakulam, wherein he remained indoor patient for 32 days.
ADARSH KUMAR GOEL, J. Leave granted.
The application was dismissed on the ground that number companypoundable offence companyld number be settled between the parties.
PW 2 recorded the First Information Report and companyducted investigation and sent up the appellant for trial.
This appeal has been preferred against judgment and order dated 31st October, 2014 passed by the High Court of Kerala at Ernakulam in Criminal Appeal No.285 of 2003.
Prosecution case is that on 14th May, 1999 at 7.30 a.m., the appellant attacked PW 1 by using a bat made of companyonut leaf stem.
The second, third and fourth teeth on the upper gum missing.
