The High Court confirmed the conviction for grievous hurt under section 326 IPC. It modified the sentence, imposing one year rigorous imprisonment and Rs.20,000 compensation in lieu of the original sentence.
Conviction confirmed; sentence modified to one year rigorous imprisonment and Rs.20,000 compensation.
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 N.K.BALAKRISHNAN
THURSDAY, THE 13TH DAY OF SEPTEMBER 2012/22ND BHADRA 1934
Crl.Rev.Pet.No. 284 of 2003 ( )
CRA.527/2000 of SPL.C IDAMALAYAR INVN & 5 ADDL.DC.EKM CC.999/1994 of J.M.F.C.-II, MUVATTUPUZHA
REVISION PETITIONER(S)/APPELLANT/ACCUSED:
SOMAN, S/O. KUNJIKUTAN, ARTHUKATTIL HOUSE, KALLOORKAD VILLAGE, THAZHUVAMKUNNU.
BY ADV. SRI.DINESH MATHEW J.MURIKEN
COMPLAINANT(S)/RESPONDENT/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT.JASMINE V.H.
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 13-09-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
JJJ
N.K. BALAKRISHNAN, J.
Crl. R.P. No: 284 of 2003
Dated this the 13th day of September, 2012
O R D E R
The petitioner was convicted by Judicial First Class Magistrate-II, Muvattupuzha, for offence punishable under section 326 of IPC and was sentenced to undergo rigorous imprisonment for three years and to pay Rs.5,000/- as fine and in default to undergo simple imprisonment for one month.
accused alleging commission of offence under section 324 of IPC. After the doctor was examined, since it could be discerned that the injury inflicted on the body of PW3-the victim was grievous in nature, charge was altered to section 326 of IPC. Before the learned Magistrate, including PW3, nine witnesses were examined and Exhibits P1 to P7 were
Crl.R.P. No: 284/2003
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marked. M.O.1 - rubber tapping knife and M.O.2 – slipper were identified and marked. The learned Magistrate placed implicit reliance on the evidence given by PW3, the injured and the evidence given by PW4 and other circumstances to hold that the accused stabbed PW3 with M.O.1 – rubber tapping knife and caused grievous hurt.
Crl.R.P. No: 284/2003
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below the left nipple; the length of the long limb being 2.5 cm and of the short limb is ¾ cm, were inflicted. It was noted that there was a through and through injury of the left lobe of the liver. Since the injury was a penetrating injury endangering the life of the victim, the conviction for the offence under section 326 of IPC is only to be confirmed.
Revision Petition is disposed of as stated below:
Crl.R.P. No: 284/2003
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Conviction is confirmed. In supersession of the
sentence awarded by the courts below, the petitioner is sentenced to undergo rigorous imprisonment for one year and to pay Rs.20,000/- as compensation to PW3. On failure to pay the amount of compensation, the petitioner will undergo simple imprisonment for six months.
The learned Magistrate will execute the sentence without delay.
Sd/N.K. BALAKRISHNAN, JUDGE
//True Copy//
P.A. to Judge
jjj
2 issues framed by the court
Whether the conviction for offence under section 326 IPC should be confirmed.
Whether the sentence awarded by courts below should be modified.
2 provisions across 1 enactments
Soman
State of Kerala
N.K. Balakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
