In a criminal revision petition challenging the modification of sentences by the Sessions Court, the High Court dismissed the petition. The court noted the significant time lapse since the petition's filing and found no merit in interfering with the well-considered judgment of the Appellate Court.
Revision petition dismissed finding no merit.
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 7TH DAY OF JULY 2023 / 16TH ASHADHA, 1945
CRL.REV.PET NO. 729 OF 2005
AGAINST THE JUDGMENT IN CRL.A.NO.196/2004 OF ADDITIONAL SESSIONS COURT, THRISSUR
IN C.C.NO. 580/1998 OF JUDICIAL MAGISTRATE OF FIRST CLASS -
III,THRISSUR
REVISION PETITIONER/PW1:
BINDU
D/O BALAKRISHNAN
TUTOR, AMALA MEDICAL COLLEGE,
THRISSUR.
BY ADV SRI.P.K.ANIL
RESPONDENTS/APPELLANTS/ACCUSED:
1NANDAKUMAR
S/O RAMACHANDRAN
KOLAZHY, KALLARARICKAL HOUSE,
KRISHNA KRIPA, WADAKKANCHERRY.
TRICHUR
2 RUGMANI W/O.RAMACHANDRAN RESIDING -DO-3 STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 07.07.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
Crl. R.P. No.729 of 2005
-:2:-
BECHU KURIAN THOMAS, J. ==================== Crl. R.P. No.729 of 2005
===================== Dated this the 7th day of July, 2023
ORDER
Revision petitioner was the defacto complainant in C.C.No.580/1998 on the files of the Judicial First Class Magistrate Court -III, Thrissur. She challenges the judgment of the Appellate Court, modifying the sentence of imprisonment imposed on the accused.
Crl. R.P. No.729 of 2005
-:3:-
Crl.A.No.196/2004. By judgment dated 09.12.2004, the appeal was allowed in part by sustaining the conviction, but modifying the sentence of imprisonment to six months for the offence under Section 498A and for three months each for the offence under Section 406 and 448 of the I.P.C., as far as the 1st accused was concerned and, for the 2nd accused the sentence of imprisonment was modified to three months for the offence under Section 498A and for that under Section 406 of the I.P.C.
Crl. R.P. No.729 of 2005
-:4:-
the matter. Despite the above, the case is herewith considered on merits.
In view of the above discussion, I find no merit in this revision petition and it is dismissed.
Sd/-
BECHU KURIAN THOMAS JUDGE
jka/07.07.23.
2 issues framed by the court
Whether the High Court should interfere with the Appellate Court's modified sentence in a domestic violence and cheating case.
Whether the standing time-lapse since the 2005 revision petition affects the disposal of the matter.
2 provisions across 1 enactments
BINDU
NANDAKUMAR
RUGMANI
STATE OF KERALA
BECHU KURIAN THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court