High Court Kerala High Court

Sathi vs State Of Kerala on 17 November, 2008

Kerala High Court
Sathi vs State Of Kerala on 17 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 3529 of 2008()


1. SATHI, W/O.RAJAPPAN, ARUPATHILCHIRA,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

2. MRITHUNJAYAN, S/O.PADMANABHAN,

                For Petitioner  :SRI.R.BINDU (SASTHAMANGALAM)

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :17/11/2008

 O R D E R
                M. SASIDHARAN NAMBIAR, J.
                  ------------------------------------------
                   CRL.R.P. NO. 3529 OF 2008
                  ------------------------------------------
           Dated this the 17th day of November, 2008

                              O R D E R

Revision petitioner is the defacto complainant, who was

examined as PW2 in C.C. 736 of 2003 on the file of Judicial First

Class Magistrate, Ambalapuzha. Second respondent was the

accused. Prosecution case was that on 20.11.2003 at about 10

a.m. second respondent criminally trespassed into the paddy

field belonging to PW2 and voluntarily caused hurt by inflicting

injury on her left shoulder with a stick and thereby committed

offence under section 447 and 324 of Indian Penal Code. Based

on Ext.P1 F.I. Statement of PW1, Ext.P4 FIR was registered on

22.11.2003 and after investigation, charge was laid. Second

respondent pleaded not guilty. Prosecution examined 8

witnesses and marked Exts.P1 to P5. On the side of the defence

two witnesses were examined and two exhibits were marked.

Based on the evidence learned Magistrate acquitted second

respondent under section 248(1) of Code of Criminal Procedure.

The order of acquittal is challenged in the revision.

2. Learned counsel appearing for revision petitioner

CRRP 3529/08 2

was heard.

3. The argument of the learned counsel is that learned

Magistrate was not justified in ordering acquittal of the second

respondent on flimsy grounds. It was argued that even though

prosecution has a specific case that second respondent

committed an offence under section 324 of IPC and PW6 the

Doctor was examined and Ext.P3 wound certificate was marked,

there was no discussion on the commission of the offence under

section 324 of IPC and based on the finding that no offence

under section 447 of IPC was committed second respondent was

acquitted and the order of acquittal is illegal. Learned counsel

also argued that evidence of PW2, the injured, was corroborated

by the evidence of PWs 3 and 4 and fact that PW2 sustained

injuries is proved by the evidence of PW6 and Ext.P3 and the

delay of two days in lodging FIR should not have been given

undue importance by the learned Magistrate and as the order of

acquittal is illegal it is to be set aside.

4. Learned Magistrate elaborately considered the

evidence. Though there is no specific finding with regard to the

offence under section 324 of IPC, the said case could be

accepted only if the version with regard to the offence under

section 447 of IPC is acceptable. Learned Magistrate analyzed

CRRP 3529/08 3

the evidence in the proper perspective. Revision petitioner

when examined as PW2 admitted that the Sub Inspector of

police who is the brother of Rajendran is cultivating paddy in

the field of PW2. Evidence of PW2 is that immediately after the

incident her husband had gone to the police station and

informed police and only thereafter proceeded to the hospital. If

that be the case there would not have been a delay of two days

in lodging the first information statement or registering the case

especially when PW2 is connected with the local Sub Inspector.

Learned Magistrate elaborately considered the evidence of PW2

on the one hand and evidence of witnesses PW3 and 4. So long

as appreciation of evidence was not perverse and the view taken

by the learned Magistrate on appreciation of evidence is a

reasonable view that could be taken it is not for this Court in

exercising the revisional powers, to interfere with the order of

acquittal. On going through the judgment it cannot be said that

the view taken by learned Magistrate is not a possible or

reasonable view warranting interference in exercise of

revisional powers. Revision is dismissed.

M. SASIDHARAN NAMBIAR,
JUDGE

Okb/-