High Court Kerala High Court

Balan vs State Of Kerala on 19 March, 2007

Kerala High Court
Balan vs State Of Kerala on 19 March, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 416 of 1999()



1. BALAN
                      ...  Petitioner

                        Vs

1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.N.P.SAMUEL

                For Respondent  :SRI.P.VIJAYA BHANU

The Hon'ble MR. Justice K.R.UDAYABHANU

 Dated :19/03/2007

 O R D E R
                              K.R. UDAYABHANU, J

                 =================================

                          CRL. R.P. NO. 416 OF 1999

                 =================================

                   Dated this the 19th day of March 2007




                                      O R D E R

The revision petitioner is the defacto complainant in C.C. No.

12/1997 who was allegedly beaten with the bamboo stick by the

accused on 24.09.1996. He also sustained injuries on the right cheek

and ear. The court below disposed of the matter acquitting the

accused highlighting the contradiction in the version of PW1, the

injured in the FI statement that he was attacked with a chopper. It is

pointed out that the wound certificate was not marked nor was the

doctor examined. It is also pointed out that the evidence of other

witnesses have not been considered.

2. On a consideration of the judgment of the court below I find

that the wound certificate was not marked although steps have been

taken against the doctor as can be seen from the proceedings paper.

It is also seen that even show cause notice was issued to the

Superintendent of Medical College Hospital but thereafter the further

steps were abruptly stopped and the evidence was closed. The

counsel for the respondent has relied on the decision reported in

Jagann
ath Choudhary v. Ramayan Singh & another (2
002 (5)

CRL. R.P. NO. 416/1999 : 2 :

SCC 659) to stress the point that revision at the instance of the

defacto complainant can be entertained only in exceptional cases

where the miscarriage occasioned on account of irregular procedure

etc and where material evidence has been overlooked. I find that in

the instant case, the wound certificate ought to have been marked at

least through the Investigating Officer. It is submitted that the defacto

complainant sustained serious injuries and was referred to the Medical

College Hospital and he underwent inpatient treatment.

3. In the circumstances, the order of the court below is set

aside. The court below is directed to see that the wound certificate is

got marked through the doctor and if the doctor is not available

through the Investigating Officer and to dispose of the matter afresh

untrammeled by any observations contained in the order of this Court.

The accused shall appear before Judicial First Class Magistrate,

Wadakkanchery on 24.04.2007.

The Crl. R.P is disposed of accordingly.

K.R. UDAYABHANU, JUDGE.

RV

CRL. R.P. NO. 416/1999 : 3 :