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
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
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/-
