The Kerala High Court allowed the criminal revision petition in part, upholding the conviction under Section 324 IPC but reducing the sentence to imprisonment till the rising of the court and a fine of Rs. 10,000.
Sentence reduced to imprisonment till the rising of the court and a fine of Rs. 10,000; fine payable to the injured.
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 B.SUDHEENDRA KUMAR
FRIDAY, THE 30TH DAY OF SEPTEMBER 2016/8TH ASWINA, 1938
Crl.Rev.Pet.No. 281 of 2014 ()
Crl.A 127/2012 of ADDL. D.C. & SESSIONS COURT - III, KASARAGOD CC 198/2009 of J.M.F.C.,KASARAGOD
REVISION PETITIONERAPPELLANT/ACCUSED:
RAJMOHAN @ VAMBAN
S/O. MARUVAN, KALAKKARA HOUSE, KUTTIKOL VILLAGE, KASARGOD.
BY ADVS.SRI.P.V.KUNHIKRISHNAN
SRI.P.V.ANOOP
RESPONDENT/COMPLAINANT AND STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI 682031.
PUBLIC PROSECUTOR, SHRI.C.K.PRASAD
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 30-09-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.SUDHEENDRA KUMAR, J.
Crl.R.P. No.281 of 2014
O R D E R
The revision petitioner was found guilty under section
324 I.P.C. concurrently by the courts below.
PW5 also supported the evidence of PW1. The courts
Crl.R.P.281/2014
: 2 :
below rightly believed the evidence of PW1 to PW3 and
PW5 and the medical evidence of PW4 and Ext.P3 wound certificate and concurrently found that the revision petitioner committed the offence under Section 324 I.P.C. I find no reason to interfere with the said finding of conviction by the courts below.
Crl.R.P.281/2014
: 3 :
only) and in default to simple imprisonment for two months under Section 324 I.P.C., to secure the ends of justice. Accordingly, I order so.
If the fine amount is realised, the entire amount shall
be given to PW1 under Section 357(1)(b) of the Code.
In the result, this revision petition stands allowed in part as above.
The revision petitioner shall surrender before the trial
court on 1.12.2016 to suffer the sentence.
Sd/-
B.SUDHEENDRA KUMAR, JUDGE
dl/30.9.2016
// True Copy //
PA to Judge
3 issues framed by the court
Whether the conviction of the revision petitioner under Section 324 I.P.C. should be interfered with.
Whether the sentence awarded by the lower courts should be modified and reduced.
Whether the fine awarded shall be paid to the injured person under Section 357 CrPC.
2 provisions across 2 enactments
RAJMOHAN @ VAMBAN
STATE OF KERALA
B.SUDHEENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
