The High Court confirmed the conviction of the accused for voluntary causing grievous hurt under Section 326 IPC but reduced the sentence from two years to one year rigorous imprisonment based on the facts and circumstances of the case.
Conviction confirmed; sentence modified to rigorous imprisonment for one year.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE S.SIRI JAGAN
THURSDAY, THE 13TH DAY OF DECEMBER 2012/22ND AGRAHAYANA 1934
Crl.Rev.Pet.No. 896 of 2002 ( )
CC NO.542/1994 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, TRIVANDRUM CRIMINAL APPEAL NO.351/1996 of ADDITIONAL SESSIONS COURT, TRIVANDRUM
REVISION PETITIONER(S)/APPELLANT/ACCUSED:
KUTTAN S/O.KRISHNAN, PUTHUVAL MANAKKATU VEEDU, NEAR STATION KADAVU, ATIPRA MURI ATIPRA VILLAGE, THIRUVANANTHAPURAM
BY ADV. SRI.M.SREEKUMAR
COMPLAINANT(S)/RESPONDENT/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
SRI LIJU V. STEPHEN, PUBLIC PROSECUTOR
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 13-12-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
SKV
S. SIRI JAGAN, J
Crl.R.P.NO.896 Of 2002
Dated this the 13th day of December, 2012.
ORDER
The petitioner is the accused in C.C.542/94 before
the Judicial First Class Magistrate Court-II, Thiruvananthapuram. He was prosecuted for an offence punishable under Section 326 of the Indian Penal Code. The prosecution case as enumerated in the judgment of the Magistrate is as follows:-
“The prosecution case is that due to previous enemity towards PW1 on 5.8.94 at 8 AM at a place 500 meters north to Station Kadavu Junction at Attipra Village and in front of the house of Krishna Vilasom accused voluntarily caused grevious hurt to PW1 by cutting with a chopper on her right hand. Accused has thus alleged to have committed the above said offence.”
The prosecution has examined PWs 1 to 7 and marked Exts. P1 to P5. The defence marked Ext.D1 portion of 161 statement of PW2. After considering the evidence adduced, the Magistrate convicted the petitioner and sentenced him to undergo rigorous imprisonment for two years. Criminal Appeal No.351/96 filed by the petitioner before the Ist Additional Sessions Judge,
Crl.R.P.NO.896 Of 2002
2
Thiruvanathapuram was dismissed confirming the conviction and sentence imposed on the petitioner. The petitioner is challenging the judgments of the courts below.
for the petitioner confines relief for leniency in the matter of punishment.
The Criminal Revision Petition is disposed of as above.
S. SIRI JAGAN JUDGE
SKV
2 issues framed by the court
Whether the conviction under Section 326 IPC should be confirmed.
Whether the sentence of rigorous imprisonment for two years can be reduced in the interest of justice.
1 provisions across 1 enactments
KUTTAN S/O.KRISHNAN
STATE OF KERALA
S. SIRI JAGAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
