IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 308 of 2000()
1. K.PRASANTH
... Petitioner
Vs
1. STATE
... Respondent
For Petitioner :SRI.V.RAJAGOPAL
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.R.UDAYABHANU
Dated :19/07/2007
O R D E R
K.R.UDAYABHANU, J
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Crl.R.P.No.308 of 2000
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Dated this the 19th day of July, 2007
O R D E R
The revision petitioner is the accused who stands convicted
for the offence under Section 324 IPC and sentenced to undergo
R.I. for one year.
2. The prosecution case is that on 14.8.1992, at about
12.45 noon, the accused attacked CWs’ 1 and 2/PWs’ 2 and 3, the
father and the son, with a cycle chain on account of a prior
enmity.
3. The evidence adduced in the matter consisted the
testimony of PWs’ 1 to 7 and Exts. P1 to P5. PW1 is an occurrence
witness. PW7 is the doctor who issued Exts. P4 and P5 wound
certificates. I find that both the courts below have considered
meticulously the evidence adduced in the matter. No material
contradiction with respect to the statement of the above
witnesses i.e., PWs’ 1 to 3 could be brought out. The contention
raised that there was no pattern of cycle chain on the body of the
injured that it has not been noted by PW7, the doctor, has been
CRRP308/2000 Page numbers
considered by the court below in detail and discarded.
4. The conviction is confirmed. Considering the plea of
the counsel for the revision petitioner that about 15 years have
elapsed since the commencement of the proceedings, the
sentence is modified to imprisonment till the rising of the court
and to pay a compensation of Rs.7500/- to PW2, the defacto
complainant and in default, to undergo simple imprisonment for
one month. Revision petitioner is granted two months’ time to
remit the compensation amount. He shall appear before the
Judicial First Class Magistrate Court-II, Kannur on 25.9.2007 to
receive sentence.
The Crl.R.P. is disposed of accordingly.
K.R.UDAYABHANU,
JUDGE
csl