IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 5TH AUGUST 2011 / 14TH SRAVANA 1933 Crl.Rev.Pet.No. 758 of 2002() ----------------------------- CRA.56/2000 of V ADDL.SESSIONS COURT, ERNAKULAM CC.1041/1995 of JUDL.MAGISTRATE OF FIRST CLASS-II, ERNAKULAM .................... REVISION PETITIONER(S): APPELLANT/ACCUSED NO.1: ----------------------------------------------------------------------------------- VICTOR IMMANUEL, CHAKKALAKKAL HOUSE, CHITTOR DESOM, CHERANALLOOR VILLAGE. BY ADV. SRI.S.SREEKUMAR RESPONDENT(S): RESPONDENT/COMPLAINANT: ----------------------------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 05/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.R.P.No.758 of 2002 ---------------------------------------------------- Dated this the 5th day of August, 2011 Order The accused is in revision. He was concurrently found guilty of the offence under Section 324 IPC and was sentenced to undergo simple imprisonment for four months. The allegation is that on 24.2.1995 at about 11.30 p.m when PW1 went to the eastern courtyard of her house for collecting water from the water tap, the petitioner suddenly came there and beat her with an iron rod and thereby voluntarily caused hurt to her. The further allegation is that when she fell down the son of the revision petitioner also beat her. The son of the petitioner was a juvenile. His case was split up and this case was proceeded only against this petitioner. 2. Evidence given by PW1 as to how she sustained injury was corroborated by PW2 her husband. Since the incident took place at about 11.30 p.m PW1 and 2 were found to be the most natural witnesses to speak regarding the incident. The evidence given by them was properly analysed by the two courts below. Crl.R.P.758/02 2 The evidence given by PW6 also would fully support the case of the prosecution. The doctor noted the corresponding injury on the body of PW1. Therefore, accepting the evidence of PW1 and PW2, corroborated by the medical evidence the court below have rightly found the revision petitioner guilty of the offence. Since the injury was caused by beating with iron rod the conviction under Section 324 IPC is only to be confirmed. 2. The learned counsel for the revision petitioner submits that the revision petitioner is aged about 60 years. It is also submitted that the defacto complainant and her husband are no more. The defacto complainant is the wife of the revision petitioner's brother. The learned counsel for the revision petitioner submits that the only daughter of the defacto complainant was staying with him. But he could not produce her before this court as she is laid up with viral fever. The learned counsel further submits that since the accused is the brother of the defact complainant's husband, the accused may be shown mercy, especially because he is aged 60 years and also because the incident took place more than 16 years ago. Considering the relationship of the parties and taking note of the fact that the Crl.R.P.758/02 3 incident took place more than 16 years back, I find that the sentence imposed on the revision petitioner can be modified. In the result, while confirming the conviction of the revision petitioner for the offence under Section 324 IPC, the sentence is modified directing the accused to undergo imprisonment till the rising of the court and to pay Rs.10,000/-(Rs. Ten Thousand only) as compensation to the daughter of the defacto complainant. In default on payment of the said amount, the petitioner will undergo simple imprisonment for two months. The amount of compensation as aforesaid shall be paid within one month from this date. The accused will appear before the learned Magistrate on 26th August, 2011 to receive the sentence of imprisonment till the rising of court. The Crl.R.P. is disposed of as above. N.K.BALAKRISHNAN, JUDGE. mns/srd Crl.R.P.758/02 4 Crl.R.P.758/02 5