Remani @ Rosamma vs Joby Joseph on 10 June, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 1317 of 2008()


1. REMANI @ ROSAMMA,
                      ...  Petitioner

                        Vs



1. JOBY JOSEPH, S/O.JOSEPH, NHARAKULATH
                       ...       Respondent

2. BEENA, W/O.JOSEPH, NHARAKULATH HOUSE,

3. SOUMYA, D/O.JOSEPH, NHARAKULATH HOUSE,

4. STATE OF KERALA, REP. BY PUBLIC

                For Petitioner  :SRI.C.S.MANILAL

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :10/06/2008

 O R D E R
                         V. RAMKUMAR, J.
                     = = = = = = = = = = = = =
                      Crl.R.P.No.1317 of 2008
                    = = = = = = = = = = = = = =
                Dated this the 10th day of June, 2008

                                ORDER

The revision petitioner, who is the de facto complainant in

Crime No.45 of 2006 of Kalikavu Police Station for an offence

punishable under Section 323 read with 34 IPC, challenges the

judgment of acquittal dated 23.01.08 in C.C.No.409 of 2006 on

the file of the J.F.C.M-1, Manjeri.

2. The learned Magistrate after a careful evaluation of the

oral and documentary evidence came to the conclusion that the

prosecution has failed to prove that the accused had voluntarily

caused hurt to Pws. 1 and 2, as alleged by the prosecution. That

finding is a pure finding of fact based on evidence. This Court

sitting in revision will be loathe to interfere with the said finding.

I, therefore, find no good ground for admitting the revision.

Hence this revision petition is dismissed as in limine.

V. RAMKUMAR, JUDGE

sj