High Court Kerala High Court

T.Haridasan vs Narayanan on 12 September, 2007

Kerala High Court
T.Haridasan vs Narayanan on 12 September, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 1126 of 2000()



1. T.HARIDASAN
                      ...  Petitioner

                        Vs

1. NARAYANAN
                       ...       Respondent

                For Petitioner  :SRI.P.VIJAYA BHANU

                For Respondent  :SRI.K.C.ELDHO

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

 Dated :12/09/2007

 O R D E R
                        K.R.UDAYABHANU, J
                   ---------------------------------------------
                       Crl.R.P.No.1126 of 2000
                    ---------------------------------------------
            Dated this the 12th day of September, 2007



                                 O R D E R

The revision petitioner is the accused in C.C.No.12/93 who

stands convicted for the offence under Section 323 IPC and

sentenced to undergo R.I. for three months and to pay a fine of

Rs.1,000/-.

2. The prosecution was launched by way of a private

complaint. The complainant’s case is that on 16.9.1992 at about

5.30 p.m., the third accused came near to his house and called

him out to the road. When he came out, the second accused

caught hold his left hand and the first accused beat him on his

face as a result of which his spectacles were broken and due to

the piercing of the glass pieces cornea of his right eye was

injured and thereby committed offences under Sections 341 and

325 read with Section 34 IPC. The appellate court convicted the

accused for the offence under Section 323 IPC and acquitted for

the offence under Section 325 IPC. A2 and A3 were acquitted by

the trial court itself.

Crl.R.P.1126/2000 Page numbers

2. The evidence adduced in the matter consisted of the

testimony of PWs’ 1 to 5 and Exts. P1 and P2.

3. PW3 is the complainant. Apart from PW3, PW4 and

PW5 independent witnesses has also supported the prosecution

version. PWs’ 1 and 2 are the doctors of Vijayasree hospital,

Thrissur. PW1 has stated that PW3 was admitted in the hospital

on 16.9.1992 and discharged on 23.9.1992. She has proved Ext.

P1 O.P. card wherein she has stated that he had right upper

right lid tear and lacerated wound of the cornea. She has stated

that she had conducted an operation on the eye on 17.9.1992.

PW3 had also undergone an operation which was conducted by

PW2, another doctor. He has stated that injury can be caused on

account of beating with hands to a person wearing spectacles.

PW2 another doctor who conducted the operation that there is a

permanent deterioration of the vision. PW3, the injured has

testified as to the incident. According to him, the motive was ill

will on account of the quarrel with the children of PW1 and A1.

PWs’ 4 and 5 has fully supported the version of PW3.

4. The contention raised is that it is after about three

Crl.R.P.1126/2000 Page numbers

months that the complaint has been filed. The explanation of

PW3 that he had immediately complained to the police and that

the police did not taken any action was found convincing by both

the courts below. In view of the direct evidence of PW3

supported by PWs’ 4 and 5 as to the incident which stands

unimpeached, I find that the delay in lodging the complaint

cannot be taken as fatal. In the circumstances, I find no reason

to deviate from the concurrent findings of the court below. The

conviction is confirmed.

5. Counsel for the revision petitioner has pleaded for

leniency pointing out that the incident has taken place in 1992

and more than 15 years have elapsed since the commencement

of the proceedings.

6. In the circumstances, the sentence imposed for the

offence under Section 323 is modified to imprisonment till the

rising of the court and to pay a compensation of Rs.25,000/- to

PW3, the complainant and in default, to undergo simple

imprisonment for six months. The revision petitioner is granted

four months’ time to pay the amount of compensation. He shall

Crl.R.P.1126/2000 Page numbers

appear before the Judicial First Class Magistrate Court, Pattambi

on 11.1.2007 to receive the sentence.

The criminal revision petition is disposed of as above.

K.R.UDAYABHANU,
JUDGE
csl