High Court of Kerala disposed of a criminal revision petition challenging a conviction for offenses under sections 326 and 323 IPC. The court allowed the revision after the petitioner settled the matter out of court under section 320 of CrPC, resulting in acquittal and release.
The accused stands acquitted under Section 320(8) CrPC and is set at liberty.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN
THURSDAY, THE 22ND OCTOBER 2009 / 30TH ASWINA 1931
Crl.Rev.Pet.No. 2925 of 2009(A)
-------------------------------------------CRL.A.714/2005 OF II ADDL. SESSIONS COURT, TRIVANDRUM, CC.NO.261/2000 OF JUDL. MAGISTRATE OF FIRST CLASS COURT-III, TRIVANDRUM.
REVISION PETITIONER/ 1ST ACCUSED/APPELLANT:
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RAJESH, S/O. MURUKAN, PANACHAMOODU PUTHEN VEEDU, THEKKUMKARAMURY, NEDUMANGADU VILLAGE.
BY ADVS. MR.GOPAKUMAR R.THALIYAL, MR.N.P.PRAJEESH.
RESPONDENTS/STATE/COMPLAINANT:
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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
*ADDL.R2. IMPLEADED:
2. SHAJI.S. STEPHEN, S/O. K.P. STEPHEN, SHIJI COTTAGE, AMBALAPILLY, KAZHAKUTTAM.(P.O), THIRUVANANTHAPURAM.
*ADDL.R2 IS IMPLEADED AS PER ORDER DTD. 22/10/2009 IN I.A. NO. 10123/2009.
R1 BY PUBLIC PROSECUTOR MR. RITHWIK, ADDL.R2 BY ADV. MR.T.S.RAJASENAN.
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 22/10/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
prv.
P.S. GOPINATHAN, J.
CRL.R.P. NO. 2925 OF 2009
DATED THIS THE 22ND DAY OF OCTOBER 2009
ORDER
The revision petitioner and another were prosecuted by the
Sub Inspector of Police, Kazhakuttam Police Station in Crime No. 270 of 2007 alleging offence u/s.326, 323 r/w. 34 of I.P.C. Revision petitioner is the first accused. The 2nd accused is reported absconding. Hence the case against the 2nd accused was split up and the revision petitioner was tried before the Judicial Magistrate of First Class-III, Thiruvananthapuram. The learned Magistrate after due trial found the revision petitioner guilty u/s 326, 323 r/w 34 of IPC and convicted. He was sentenced under section 326 r/w 34 of IPC to simple imprisonment for one year and to pay Rs. 25,000/- to the 2nd respondent, the de-facto complainant as compensation u/s. 357(3) of the Code of Criminal Procedure. He was also sentenced to undergo simple imprisonment for a period of one month under section 323 r/w section 34 IPC. It was directed that the sentences shall run concurrently. In appeal preferred by the revision petitioner, the conviction and sentence awarded u/s.326 r/w.34 were set aside.
2
CRL.R.P. NO. 2925 OF 2009
Whereas the conviction and sentence under section 323 r/w section 34 of I.P.C were sustained. Assailing the legality, correctness and propriety of the above conviction and sentence, this revision petition was filed.
The Crl.R.P is disposed of accordingly.
P.S. GOPINATHAN JUDGE
pkk
1 issue framed by the court
Whether the criminal revision petition filed against the conviction and sentence should be allowed?
5 provisions across 2 enactments
RAJESH
STATE OF KERALA
SHAJI.S. STEPHEN
P.S. GOPINATHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
