IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 21ST JULY 2008 / 30TH ASHADHA 1930 Crl.Rev.Pet.No. 1924 of 2004() ------------------------------ CRA.46/2002 of ADDL.SESSIONS COURT, PARAVUR CC.558/1997 of JUDL.MAGISTRATE OF FIRST CLASS-I, ALUVA .................... REVN. PETITIONER: APPELLANTS/ACCUSED: ------------------------------------- 1. SUNDARAN, S/O. GOPALAN, THEMBADATH VEEDU, KADUNGALLOOR KARA, KADUNGALLOOR VILLAGE. 2. DILIP, S/O. NARAYANAN, KUNNAKKALA VEEDU, EAST KADUNGALLOOR KARA, KADUNGALLOOR VILLAGE. BY ADV. SRI.MATHEWS K.PHILIP RESPONDENTS: RESPONDENTS/COMPLAINANT: ------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.P.K.RAVIKRISHNAN THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 21/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- Crl.R.P.No.1924 OF 2004 ------------------------------------------- Dated this the 21st day of July, 2008 O R D E R The revision petitioners stand convicted for offences punishable under Sections 323 and 324 read with Section34 IPC and sentenced to undergo simple imprisonment for a period of five months each and to pay a fine of Rs.3,000/- each with a default sentence of simple imprisonment for one month for the offence punishable under Section 324. They also stand sentenced to pay fine of Rs.1,000/- each under Section 323 read with Section 34 IPC and in default to under simple imprisonment for 15 days. An amount of Rs.5,000/- is ordered to be released as compensation to PW1 out of the fine. 2. The allegation against the petitioners is that in furtherance of their common intention due to enmity towards PW1, the victim, at about 7 p.m. on 13.5.1997, the first accused bet PW1 with a wooden piece on the front of Government Hospital, Aluva and the second accused kicked PW1 on his abdomen and fisted Crl.RP.1924/04 Page numbers on his face, voluntarily causing hurt. The use of the wooden pieces for causing grievous hurt to the victim PW1, brought the accusation under Section 324 IPC. The medical evidence on record proved that PW1 suffered a head injury which was stitched in the hospital and his statements were recorded by the police from that hospital. PWs.2 and 3 are the witnesses examined to prove the occurrence. Though they are recorded as sister and brother-in-law, nothing is pointed out impeaching their credibility or in any manner to reverse the reliance placed by the courts below concurrently on their version of the incident, though there was cross examination of the witnesses in the court of first instance. In so far as it is proved that the injury found on the head of PW1 was caused by the use of the wooden pieces and in view of the intricate link between the different elements of the transaction in question, there is no legal infirmity or error in the conviction and sentence imposed on both the accused persons under Section 324 read with Section 34 IPC. Equally so is the conviction and sentence under Section 323 read with Section 34 IPC. Having regard to the common intention more essentially established by the legal evidence that Crl.RP.1924/04 Page numbers the accused left the scene of occurrence in an autorikshaw after committing the alleged offence and the fact that the father of the second accused and the family of PW1 had certain issues between them clearly proves the pre-mediated motive and intention leading to the commission of the alleged offences. The material evidence on record have been appreciated in accordance with law by the courts below and the order of conviction and sentence imposed are in tune with law. I do not find any ground to interfere with that in exercise of authority under Section 397 Cr.PC. In the result, the revision petition fails. The same is accordingly dismissed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.21/7.