Anilkumar vs State Of Kerala
2024 Latest Caselaw 16494 Ker

Kerala High Court

Anilkumar vs State Of Kerala on 11 June, 2024

Author: P.Somarajan

Bench: P.Somarajan

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
              THE HONOURABLE MR. JUSTICE P.SOMARAJAN
     TUESDAY, THE 11TH DAY OF JUNE 2024 / 21ST JYAISHTA, 1946
                   CRL.REV.PET NO. 470 OF 2024
    CRIME NO.741/2013 OF PATANAKKAD POLICE STATION, ALAPPUZHA
  AGAINST THE JUDGMENT DATED 26.10.2021 IN CRA NO.62 OF 2020 OF
            ADDITIONAL SESSIONS COURT - III, ALAPPUZHA
  AGAINST THE JUDGMENT DATED 01.02.2014 IN SC NO.878 OF 2014 OF
               ASSISTANT SESSIONS COURT, CHERTHALA
REVISION PETITIONER/APPELLANT/ACCUSED NO.1:

          ANILKUMAR,
          AGED 31 YEARS,
          S/O KUNJUMON, KARUVALLIL VEEDU, WARD NO VI,PATTANAKKAD,
          PANCHAYATH,CHERTHALA TALUK,
          ALAPPUZHA DISTRICT, PIN - 688531
          BY ADVS.
          M.SUNILKUMAR
          S.SANDEEP (S-3458)
          RAJEESH V.R.
          RAKESH R.
          RAHUL S.NATH


RESPONDENT/COMPLAINANT/COMPLAINANT:

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


          PP SRI SANGEETHARAJ N R


     THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 11.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CRL.REV.PET NO. 470 OF 2024

                                      2


                                    ORDER

In the instant case the victim had sustained five

very serious injuries:

1. Fracture frontal bone left side.

2. Fracture parietal bone left side.

3. Fracture roof of orbit right side.

4. Bilateral frontal haematoma.

5. Haemorhagic contusion with sub arachnoid

haemorhage in right frontal lobe.

Both the trial court and the first appellate court

found that the accused No.1 is guilty of the offence

punishable under Sections 326 and 307 IPC. There

were several blows by using an iron strap, which has

resulted in three major fractures to frontal bone,

parietal bone and roof of the orbit. Hemorrhage was

also reported on the frontal lobe besides a bilateral

haematoma on the frontal bone. This would

sufficiently lead to death in its ordinary course, CRL.REV.PET NO. 470 OF 2024

according to the doctor, PW7, who had drawn Ext.P6

wound certificate. The nature of injury sustained

would sufficiently show that there are several

independent blows by the user of an iron strap. The

accused No.2, who is the father of accused No.1,

passed away during the pendency of proceedings. It

was submitted by the learned counsel for the

petitioner/accused that he was murdered by the

prosecution witnesses and all of them are known to

each other, hence, pressed for a lenient view in the

matter of sentence. Taking into account, the nature

of injuries sustained and number of blows and weapon

used, it is fit and proper to reduce the sentence

awarded for the offence under Section 307 IPC to

simple imprisonment for a period of six months and

fine amount of Rs.25,000/- with the default sentence

as ordered. For the offence under Section 326 IPC,

simple imprisonment for a period of three months and

the fine amount of Rs.25000/- with default sentence

as ordered by the trial court with a direction to run CRL.REV.PET NO. 470 OF 2024

the substantive sentence concurrently. The fine

amount ordered shall be released to PW2 under Section

357 (1)(b) Cr.P.C.

The Criminal Revision Petition will stand allowed

in part accordingly by modifying the sentence as

above.

Sd/-

P.SOMARAJAN JUDGE msp