The High Court of Kerala dismissed an application for revision challenging the Sessions Court's order downgrading the charge from attempted murder (IPC 307) to voluntary causing hurt (IPC 324). No merits were found in the petitioners' contentions.
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 BECHU KURIAN THOMAS
FRIDAY, THE 26TH DAY OF MAY 2023 / 5TH JYAISHTA, 1945
CRL.REV.PET NO. 536 OF 2004
AGAINST CRA 318/2001 OF III ADDITIONAL SESSIONS COURT (ADHOC), FAST TRACK COURT NO.I, THRISSUR
SC 74/1999 OF ADDITIONAL ASST. SESSIONS COURT, IRINJALAKUDA
REVISION PETITIONERS/APPELLANTS/ACCUSED:
1 SHAFEEQUE S/O ABBAS, THANDAPARAMBIL, 'U' BAZAR, ERIYAD VILLAGE.
2 ABBAS S/O USMAN HAJI THANDAPARAMBIL 'U' BAZAR, ERIYAD VILLAGE.
RESPONDENT/RESPONDENT:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY SMT.SREEJA V., PUBLIC PROSECUTOR
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 23.05.2023, THE COURT ON 26.05.2023 PASSED THE FOLLOWING:
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Crl.R.P. No.536/04
BECHU KURIAN THOMAS, J.
Crl.R.P. No.536 of 2004
Dated this the 26th day of May, 2023
ORDER
The revision petitioners were initially tried for the offence under section 307 read with section 34 of the Indian Penal Code, 1860 (for short 'IPC') and convicted to undergo rigorous imprisonment for two years apart from a fine of Rs.20,000/- each. In the appeal preferred by them before the Sessions Court, the conviction was altered to section 324 IPC and the accused were sentenced to undergo imprisonment for one year and to pay a fine of Rs.5,000/- each and in default to undergo rigorous imprisonment for three months each. Aggrieved thereby, the accused have preferred this revision petition.
Crl.R.P. No.536/04
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inflicted serious injuries, thereby committing the offences under sections 307 and 447 read with section 34 of the IPC.
Crl.R.P. No.536/04 -:4:-
Amicus Curiae had stopped practice and due to the long pendency of this revision petition, this Court decided to consider the matter on its merits, after hearing Smt.V.Sreeja, the learned Public Prosecutor.
Crl.R.P. No.536/04
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cause death of the victim.
In view of the above, I find no merit in this revision petition and the same is dismissed.
Sd/-
JUDGE
vps
/True Copy/ PS to Judge
2 issues framed by the court
Whether the revision petition challenging the minority opinion in the appeal reducing the charge from attempted murder to voluntary causing of hurt warrants interference.
Whether the findings of fact regarding the intention to cause death recorded by the Sessions Judge can be disturbed in this revision.
3 provisions across 1 enactments
Shafeeque
Abbas
State of Kerala
Bechu Kurian Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
