IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 Crl.Rev.Pet.No. 623 of 2001(C) -------------------------------------- CRA.47/1997 of SESSIONS COURT, KOZHIKOE CC.1240/1993 of JUDL.MAGISTRATE OF FIRST CLASS, VADAKARA .................... REVNISION PETITIONER/APPELLANT/ACCUSED : ----------------------------------------------------------- SELVAKUMAR, S/O.SANKARANARAYANA PILLAI, PARAYULLAVATTAKKANDIYIL, NADAKKUTHAZHA, VADAKARA. BY ADV. SRI.SUNNY MATHEW RESPONDENT/RESPONDENT/COMPLAINANT : ------------------------------------------------------- THE SUB INSPECTOR OF POLICE, VADAKARA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI.C.M.KAMMAPPU THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 24/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.Rev.Pet.No. 623 of 2001(C) ORDER ON CRL.M.P.NO.3006 OF 2001 IN CRL.R.P.NO.623 OF 2001 DISMISSED 24.09.2008 SD/- THOMAS P.JOSEPH, JUDGE -TRUE COPY- P.A. TO JUDGE pac THOMAS P. JOSEPH, J -------------------------- CRL. R.P.NO. 623 OF 2001 --------------------------------- Dated this the 24th day of September, 2008 O R D E R Revision petitioner faced trial in the court of Judicial First Class Magistrate, Vadakara in C.C. No. 1240 of 1993 for the offences punishable under Sections 341 and 325 of the Indian Penal Code. He was found guilty for the offence punishable under Section 325, convicted and sentenced to undergo Simple Imprisonment for three months and to pay Rs. 2,000/- as compensation to PW1, the injured. He preferred an appeal to the Sessions Court, Thodupuzha, but that ended in dismissal. 2. Heard. 3. I Perused the records. 4. The case is that on 7.10.93 at about 12.15 A.M on the public road at Anchuvilakku junction at Vadakara, Revision Petitioner wrongfully restrained and voluntarily caused grievous hurt to PW1 by twisting his right hand and pulling him down. PWs. 1 to 5 gave evidence regarding the alleged incident. 5. PW6 examined PW1 at Government hospital, Vadakara and Crl.R.P.No. 623/2001 -2- issued Ext. P3. Evidence shows that PW1 suffered dislocation of the right shoulder. PW6 opined that the injury could be caused by twisting and pulling the right hand. 6. PWs. 1,2 and 5 gave evidence regarding the alleged incident. They stated that at the relevant date, time and place Revision Petitioner twisted the right hand of PW1. According to PW1, there was some verbal altercation between PW7 and Revision Petitioner in which PW1 interfered. That enraged the Revision Petitioner. PW7 has given evidence in that line. 7. Though it is contended that there is no sufficient evidence to warrant of the conviction of the Revision Petitioner for offence under Section 325, I find myself unable to accept that contention. Nothing is brought out to disbelieve the evidence of PWs. 1,2 and 5 regarding the incident. Though, when there is direct evidence for the incident motive does not play any importance, the motive also is proved through evidence of PWs 1 and 7. There is no reason to interfere with the conviction of the Revision Petitioner. 8. Regarding the sentence awarded to the Revision Petitioner, in the facts and circumstances of this case I am inclined to think that it is not necessary to send the Revision petitioner to Crl.R.P.No. 623/2001 -3- the jail at this distant point of time. The motive for the incident was the intervention of PW1 in the verbal altercation between PW7 and the Revision Petitioner. Revision Petitioner is not shown to be involved in any other case. In the circumstances, I am inclined to think that Simple Imprisonment till the rising of the Court is sufficient in the ends of Justice. At the same time, PW1 who suffered grievous hurt has to be adequately compensated. Revision Petitioner has to pay compensation of RS. 5,000/- to PW1. Resultantly, Revision Petition is allowed in part in the following lines: 1. The substantive sentence awarded to the Revision Petitioner is modified as Simple Imprisonment till the rising of the Court. 2. Revision Petitioner is directed to deposit in the Trial Court Rs. 5,000/- (Rupees Five thousand only) as compensation payable to PW1 within two months from this day failing which, he shall undergo Simple Imprisonment for two months. 3. The amount if any deposited by the Revision Petitioner shall be adjusted in the compensation fixed hereby. Crl.R.P.No. 623/2001 -4- Revision Petitioner shall surrender in the Trial Court on 26.11.2008 to receive the sentence. This bail bond executed by the Revision Petitioner will stand cancelled. THOMAS P. JOSEPH, JUDGE. vkm