The single judge confirmed the conviction under Sec.324 IPC but substituted the sentence with imprisonment till the rising of the court and Rs.5,000 compensation to the injured.
Imprisonment till the rising of the court and compensation of Rs.5,000 to the injured in default of payment, three months simple imprisonment.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN
FRIDAY, THE 14TH DAY OF SEPTEMBER 2012/23RD BHADRA 1934
Crl.Rev.Pet.No. 373 of 2003 ( )
------------------------------CRA.231/2001 of D.C.& SESSIONS COURT,THODUPUZHA CC.88/1998 of J.M.F.C. - I, IDUKKI
REVISION PETITIONER(S)/APPELLANT/ACCUSED::
JOY, S/O. MATHAI, KANJIRAKKATTU HOUSE, KANJIKUZHY KARA KANJIKUZHY VILLAGE, IDUKKI DISTRICT.
BY ADV. SRI.LATHEESH SEBASTIAN
COMPLAINANT(S)/RESPONDENT/COMPLAINANT::
STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE KANJIKUZHY POLICE STATION THROUGH THE DIRECTOR OF PUBLIC PROSECUTIONS, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682 031.
BY PUBLIC PROSECUTOR SRI. ROY THOMAS
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 14-09-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
das
N.K.BALAKRISHNAN, J.
==================
Crl.R.P.No.373 of 2003
=========================
Dated this the 14th day of September, 2012
ORDER
The petitioner challenges the concurrent verdict of conviction and sentence passed against him for the offence punishable under Sec.324 of IPC in which he was sentenced to undergo S.I for one year and to pay Rs.1,000/- as fine. Though the trial court convicted him for the offence punishable under Sec.506(II) of IPC, that finding was set aside by the appellate court.
Crl.R.P.No.373/2003
: 2 :
by the injured and other witnesses was accepted by the trial court. The learned Sessions Judge, after reappraisal of the evidence, confirmed the conviction and sentence passed against the petitioner.
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: 3 :
forward to have the matter settled. The incident took place in the year 1998. The learned counsel submits that the petitioner has suffered a lot as he has to face the trial and to file an appeal to the Sessions Court. This revision has been pending from the year 2003.
Conviction for the offence punishable under Sec.324 of IPC is confirmed. In supersession of the sentence awarded by the courts below, the petitioner is sentenced to imprisonment till the rising of the court and to pay Rs.5,000/- (Rupees five thousand only) as compensation to PW1. In default of payment of compensation amount, the petitioner will undergo S.I for three months. The fine
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: 4 :
amount if any already paid by the petitioner shall be adjusted towards the amount of compensation payable to PW1 and only the balance amount need be paid by the petitioner.
Sd/- N.K.BALAKRISHNAN, JUDGE
das
// True copy // PA to Judge
1 issue framed by the court
Whether the concurrent verdict of conviction under Sec.324 IPC should be modified regarding the sentence.
2 provisions across 1 enactments
JOY, S/O. MATHAI
STATE OF KERALA
N.K.BALAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
