Partly allowed

Azoora v. State of Kerala, Rep.by Sub Inspector

Kerala HC1 Oct 2020CRL.A/277/2007

Case brief

AI extract

What is this about?

In this criminal appeal regarding an offence under Section 307 IPC with only minor injuries, the Court set aside the conviction and reduced the charge to Section 324 IPC. The Court ordered imprisonment matching the period already undergone by the accused. Partly allowed.

What did the court decide?

Conviction and sentence under Section 307 IPC set aside by reconviction under Section 324 IPC for the period already undergone.

Azoora Vs State of Kerala, Rep.by Sub Inspector — Criminal Trial and Appeal | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.SOMARAJAN

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THURSDAY, THE 01ST DAY OF OCTOBER 2020 / 9TH ASWINA, 1942

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CRL.A.No.277 OF 2007

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AGAINST THE ORDER/JUDGMENT IN SC 1853/2003 DATED 19-01-2007 OF ADDITIONAL SESSIONS COURT (ADHOC)-II, KOLLAM

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APPELLANT/ACCUSED:

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AZOORA AGED 37 YEARS W/O.SHIHABUDEEN, SHAFEEQ MANZIL, THAZHUTHALA, ADICHANALLOOR VILLAGE, KOLLAM.

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BY ADV. SRI.V.JAYAPRADEEP

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RESPONDENT:

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STATE OF KERALA, REP.BY THE SUB INSPECTOR OF POLICE, KOTTIYAM POLICE, STATION.

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BY ADV. SRI. SUMOD P.N.,PUBLIC PROSECUTOR

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THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 01.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

CRL.A.No.277 OF 2007

JUDGMENT

Appeal is against the conviction and

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sentence for the offence punishable under Section 307 IPC. There is no pre-meditated commission of offence. The injuries sustained are only two lacerations on the temporo parietal region of the victim. There is no bone injury, fracture, injury to brain or injury affecting any vital part. As such, the offence punishable under Section 307 IPC would not stand attracted. At the most, the offence would fall under Section 324 IPC. The issue was settled between the accused and the victim, the husband and wife and they are living together. Since, Section 324 IPC is a minor offence to Section 307 IPC, no separate charge is required. The accused had undergone imprisonment for a period of 49 days and as such, sentence can be ordered in accordance

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CRL.A.No.277 OF 2007

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with the imprisonment already undergone.

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Appeal is allowed in part. The conviction and the sentence for the offence under Section 307 IPC against the accused is set aside. The accused found guilty of the offence under Section 324 IPC and convicted thereunder and sentenced to undergo imprisonment for the period already undergone. Bail bone, if any executed will stand cancelled.

Sd/-

P.SOMARAJAN

JUDGE

SPV

Azoora v. State of Kerala, Rep.by Sub Inspector

Case brief

What is this about?

What did the court decide?

Azoora v. State of Kerala, Rep.by Sub Inspector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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