IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 1055 of 2000()
1. SALIM KUMAR
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.K.D.PAUL DALIN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice J.B.KOSHY
Dated :30/07/2007
O R D E R
J.B.KOSHY, J.
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Crl.R.P.No.1055 OF 2000
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Dated 30th July, 2007
ORDER
This revision petition is filed by the accused who
was convicted and sentenced under Section 324 of the Indian
Penal Code. The accused and PW1 were friends. On March 22,
1995 at about 7.15 p.m. the accused came to the house of PW1
and called him out. When they reached near the house of one
George, the accused took out a knife from his hip and stabbed
PW1 on his stomach causing grievous injury. Hearing the cry
of PW1, when PW2, PW3 and others came there, the accused ran
away. PW1 told PW2 that he was stabbed by the accused and he
fell into the hands of PW2. PW2 took PW1 to the Medical
Trust Hospital, Ernakulam. The weapon used for committing
the offence was found out on the basis of recovery under
Section 27 of the Evidence Act. PW9, the doctor who issued
Ext.P7 wound certificate deposed that there was incised wound
over right side of the abdomen. The Magistrate found that it
was not a grievous injury. Therefore, even though he was
charge sheeted for an offence committed under Section 326
IPC, he has committed only an offence under Section 324 IPC.
PW7 Investigating Officer also has filed a report altering
the charges to Section 324 IPC. The petitioner was convicted
Crl.R.P.1055/2000 2
and sentenced to undergo rigorous imprisonment for one year
for the offence under Section 324 IPC. The Sessions Court
confirmed the conviction and sentence. On going through
the evidence, I see no ground to interfere with the
conviction passed on the revision petitioner. Evidence of
injured witness was corroborated by other oral evidence as
well as recovery of the knife. There is no reason to alter
the conviction in a revision petition. It is submitted
that the incident occurred in 1995. The accused as well as
the injured were very young at that time and classmates.
Taking into account these aspects, I alter the sentence of
rigorous imprisonment for one year to a fine of Rs.10,000/=
with a default sentence of simple imprisonment for three
months. If the fine amount is realised, Rs.7,500/= shall
be given to PW1.
The Crl.R.P. is allowed to the above extent.
J.B.KOSHY
Judge
tks