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
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CRL. R.P. NO. 416 OF 1999
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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 :