Shajir K vs State Of Kerala

Kerala High Court

Shajir K vs State Of Kerala on 22 May, 2024

Author: P.Somarajan

Bench: P.Somarajan

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
             THE HONOURABLE MR. JUSTICE P.SOMARAJAN
     WEDNESDAY, THE 22nd DAY OF MAY 2024 / 1ST JYAISHTA, 1946
                   CRL.REV.PET NO. 509 OF 2024
     CRIME NO.899/2012 OF KANNUR CITY POLICE STATION, KANNUR
AGAINST THE JUDGMENT DATED 07.02.2024 IN CRL.APPEAL NO.289 OF
2019 OF DISTRICT COURT & SESSIONS COURT, THALASSERY ARISING OUT
OF THE JUDGMENT DATED 09.10.2019 IN CC NO.639 OF 2013 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -II, KANNUR
REVISION PETITIONERS/APPELLANTS/ACCUSED:

    1     SHAJIR K, AGED 41 YEARS,
          S/o HASHIM, KUDUKKINTEVIDA HOUSE,
          KANNUR CITY, KANNUR, PIN - 670003

    2     NISSAM P, AGED 30 YEARS,
          S/o NISSAR, NIDHA QUARTERS,
          OTTAMAVU, THANA P O,
          KANNUR DISTRICT, PIN - 670012

          BY ADV P.K.SUBHASH


RESPONDENT/RESPONDENT/COMPLAINANT:

          STATE OF KERALA,
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, PIN - 682031

          BY SR PUBLIC PROSECUTOR SRI C N PRABHAKARAN




     THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 22.05.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.R.P.No.509 of 2024                       2



                                      ORDER

It is against the judgment of conviction rendered concurrently by both the trial court and the first appellate court for the offences punishable under Sections 341, 323 and 325 IPC accused Nos.1 and 2 came up in revision.

2. The injuries alleged to have been sustained by the victim, the de facto complainant, who was aged 33 years at that time, are tenderness over the left knee, contusion over the dorsem of left hand below the left thumb and another contusion over the sacral region. X-ray investigation revealed radial styloid fracture on the left side. Ext.P3 is the wound certificate and Ext.P4 is the treatment certificate which were proved through the Doctor, PW5. He had also deposed in tune with the prosecution case pertaining to the nature of injuries alleged to have been sustained including the fracture of left radial styloid. Other injuries are only minor injuries. No Crl.R.P.No.509 of 2024 3 weapon worth the name was used for the commission of offence. The incident had happened all on a sudden and there is no pre-planned attack. No such case was even brought out at the time of examination. On the other hand, the injuries sustained are very minor in nature, except fracture of left radial styloid. It is also in its very nature a minor injury. In fact, it is a fracture to the ligament and will not constitute a grievous hurt so as to attract Section 325 IPC. Hence, the conviction rendered and the sentence awarded for the offence under Section 325 IPC will stand set aside and the accused persons are found not guilty for the said offence and acquitted of the said offence.

3. For the offence under Section 341 IPC what is imposed is a fine amount of Rs.500/- each, in default to undergo simple imprisonment for a period of 5 days which requires no interference by this court.

4. As against the offence under Section 323 IPC is concerned, the sentence awarded is so exorbitant Crl.R.P.No.509 of 2024 4 and hence the substantive sentence ordered will stand modified to a fine amount of Rs.1,000/- each, in default to undergo simple imprisonment for a period of one month. On receipt of the fine amount, the same shall be released to the victim under Section 357(1)(b) Cr.P.C.

The Criminal Revision Petition will stand allowed accordingly.

Sd/-

P.SOMARAJAN JUDGE DMR/-