[Cites 3, Cited by 0]
Kerala High Court
Shibu vs State Of Kerala on 31 January, 2026
2026:KER:7489
Crl.R.P Nos.3297/2005 & 2372/2007
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
SATURDAY, THE 31ST DAY OF JANUARY 2026 / 11TH MAGHA, 1947
CRL.REV.PET NO. 3297 OF 2005
AGAINST THE JUDGMENT OF THE JUDICIAL MAGISTRATE OF FIRST
CLASS-II, PATHANAMTHITTA IN CC NO.288 OF 2002 DATED 09.07.2004
AND THE ADDITIONAL DISTRICT & SESSIONS (ADHOC) FAST TRACK
COURT-II, PATHANAMTHITTA IN CRL.A NO.235 OF 2004 DATED
22.09.2005
REVISION PETITIONERS/APPELLANTS/ACCUSED 1 & 2:
1 SHIBU, S/O.DHARMARAJAN,
SHIBU VILASAM, KAMPALATHU, KOODAL VILLAGE,
ADOOR TALUK - 691523, PATHANAMTHITTA
2 SHINU, S/O.DHARMARAJAN,
SHIBU VILASAM, KAMPALATHU, KOODAL VILLAGE,
ADOOR TALUK - 691523, PATHANAMTHITTA
BY ADV SHRI.S.SANTOSH KUMAR (PERUNAD)
RESPONDENT/RESPONDENT/COMPLAINANT/STATE:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
SRI.MAHESHWAR PADICKAL (AMICUS CURIAE)
SRI SUDHEER.G, PUBLIC PROSECUTOR
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 20.01.2026, ALONG WITH CRL.REV.PET.2372/2007, THE
COURT ON 31.01.2026 PASSED THE FOLLOWING:
2026:KER:7489
Crl.R.P Nos.3297/2005 & 2372/2007
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
SATURDAY, THE 31ST DAY OF JANUARY 2026 / 11TH MAGHA, 1947
CRL.REV.PET NO. 2372 OF 2007
AGAINST THE JUDGMENTS DATED 16.10.2006 IN CRL.A NO.232 OF
2004 OF SESSIONS COURT, PATHANAMTHITTA ARISING OUT OF THE
JUDGMENT DATED 09.07.2004 IN CC NO.288 OF 2002 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -II,PATHANAMTHITTA
REVISION PETITIONERS/APPELLANTS/ACCUSED NOS.3 & 4:
1 SUNIL, S/O SOMAN,
MINI VILASAM, POTHUPARA, KOODAL MURI,
KOODAL VILLAGE, ADOOR TALUK, PATHANAMTHITTA DIST.
2 KUNJUMON, SO. MATHAI
PUTHUPARAMBIL, POTHUPARA, KOODAL MURI,, KOODAL VILLAGE,
ADOOR TALUK, PATHANAMTHITTA DIST.
BY ADVS.
SHRI.ABRAHAM SAMSON
SMT.LOVELY SAMSON
RESPONDENT/RESPONDENT/COMPLAINANT-STATE:
STATE OF KERALA
THE SUB INSPECTOR OF POLICE,, KONNI POLICE STATION -
THROUGH THE, PUBLIC PROSECUTOR, HIGH COURT OF KERALA,,
ERNAKULAM, KOCHI-31.
SRI.MAHESHWAR PADICKAL (AMICUS CURIAE)
SRI SUDHEER.G, PUBLIC PROSECUTOR
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 20.01.2026, ALONG WITH CRL.REV.PET.3297/2005, THE
COURT ON 31.01.2026 PASSED THE FOLLOWING:
2026:KER:7489
Crl.R.P Nos.3297/2005 & 2372/2007
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ORDER
The petitioners in Crl.R.P No.3297/2005 are the accused Nos.1 and
2 in C.C No.288/2002 of the Judicial First Class Magistrate Court-II,
Pathanamthitta. The petitioners in Crl.R.P No.2372/2007 are accused
Nos.3 and 4 in the aforesaid case. All the above four accused were
convicted and sentenced by the learned Magistrate under Sections 324
and 326 I.P.C vide the judgment rendered on 09.07.2004. They were
sentenced to undergo simple imprisonment for two years under Section
324 I.P.C and simple imprisonment for two years and fine Rs.2,000/-
under Section 326 I.P.C. The accused Nos.1 and 2 preferred appeal
before the Sessions Court, Pathanamthitta as Crl.A No.235/2004. The
accused Nos.3 and 4 also preferred appeal before the said Court as Crl.A
No.232/2004. Crl.A No.235/2004 was dismissed by the Additional
Sessions Court (Adhoc) Fast Track Court-II, Pathanamthitta vide
judgment dated 22.09.2005, and Crl.A No.232/2004 was dismissed by
the Sessions Court, Pathanamthitta vide judgment dated 16.10.2006. By
the above judgments, the appellate court confirmed the conviction and
sentence awarded by the learned Magistrate. Aggrieved by the above
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Crl.R.P Nos.3297/2005 & 2372/2007
concurrent findings of the courts below, the petitioners are here before
this Court with this revision petition.
2. Since there was no representation from the part of the
petitioners, notice was issued to them from the Registry intimating the
adjourned date of posting and informing them that the case would be
decided in their absence if there is no representation on the adjourned
hearing date. The notices issued to the petitioners in Crl.R.P
No.3297/2005 were returned with the endorsement "addressee could not
be located". The notice issued to the first petitioner in Crl.R.P
No.2372/2007 was returned with the endorsement "addressee refused".
The notice to the second petitioner in Crl.R.P No.2372/2007 was
returned with the endorsement "addressee deceased". In the above
circumstances, this Court, by the order dated 12.12.2025, appointed Adv
Mr.Maheswar Padickal as Amicus Curiae to represent the revision
petitioners in both these cases.
3. Heard the learned Amicus Curiae representing the revision
petitioners, and the learned Public Prosecutor representing the State of
Kerala.
2026:KER:7489
Crl.R.P Nos.3297/2005 & 2372/2007
4. The prosecution case is that on 28.02.2002 at about
7:30 p.m, the petitioners, in furtherance of their common intention,
inflicted voluntary hurt and grievous hurt upon PW1 by beating him with
sticks and caused injuries including fracture of the right leg and left
wrist. Before the Trial Court, eight witnesses were examined on the part
of the prosecution as PW1 to PW8 and five documents were marked as
Exts P1 to P5. It is by relying on the aforesaid evidence that the Trial
Court convicted the petitioners for the commission of offence under
Sections 324 & 326 read with Section 34 IPC. The Appellate Court made
a re-appraisal of the entire evidence and concurred with the findings of
the Trial Court.
5. Before the Trial Court, PW1 to PW3 tendered evidence in
support of the prosecution case. PW1 is the injured person, who was
attacked by the petitioners at about 7.30 p.m., on 28.02.2002, while he
was walking to Kulathungal -Athirikkal road, along with PW3, his wife.
The criminal acts attributed to the petitioners are clearly deposed by
PW1 in his testimony before the Trial Court. PW2 is the person who came
to the spot hearing the cries of PW1 at the time when he was assaulted
by the petitioners. He also testified before the Trial Court about the
2026:KER:7489
Crl.R.P Nos.3297/2005 & 2372/2007
criminal act of the petitioners beating PW1 with sticks. It is PW2 who
took PW1 to General Hospital, Pathanamthitta, and thereafter to Medical
College Hospital, Kottayam. PW3, the wife of PW1, who was by the side
of PW1 when the accused physically assaulted him, categorically stated
about the specific acts of the petitioners inflicting blows upon PW1 with
sticks. The testimonies of PW1 to PW3 were found to be perfectly
reliable by the Trial Court as well as the Appellate Court. As rightly
observed by the courts below, the slight variations in their versions with
regard to the mode of assault perpetrated upon PW1 by the petitioners,
are of no consequence since minor discrepancies in the above regard
cannot be a reason to eschew the prosecution case. Likewise, the
contention of the accused that PW2 & PW3 are interested witnesses
cannot be taken as a reason to discard their evidence, since both the
Courts below concurrently arrived at the finding that the evidence
tendered by the above witnesses were trustworthy. On going through
the case records and the impugned judgments of the courts below, I am
of the view that the findings arrived thereunder are not liable to be
dislodged in exercise of the revisional powers of this Court. Having
regard to the nature and gravity of the offences found to have been
2026:KER:7489
Crl.R.P Nos.3297/2005 & 2372/2007
committed by the petitioners, the sentence awarded by the courts below
has to be termed as reasonable and appropriate. Therefore, I am of the
view that these revision petitions are devoid of merit.
Resultantly, the petitions are hereby dismissed, confirming the
conviction and sentence awarded by the courts below.
This Court places on record its appreciation for the assistance
rendered by the learned Amicus Curiae Adv Mr.Maheswar Padickal in
addressing the various legal aspects on these matters.
(Sd/-)
G. GIRISH, JUDGE
jsr/DST
