Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA, 1945 AGAINST THE ORDER/JUDGMENT IN CRL.A 661/2011 OF ADDITIONAL SESSIONS COURT KOZHIKODE-III, KOZHIKODE CC 29/2007 OF JUDICIAL MAGISTRATE OF FIRST CLASS -V,KOZHIKODE
REVISION PETITIONER/APPELLANT/ACCUSED: DR.SHANU, S/O. DR. M.A. KOYA, SHELTER HOUSE, CHERUVANNUR, KOZHIKODE. BY ADV SRI.K.A.SALIL NARAYANAN RESPONDENT/RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV.SRI.C N PRABHAKARAN, SENIOR PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 29.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
The accused was prosecuted for the offence under Sections 341, 323 and 353 IPC. He was acquitted for the offence under Section 353 IPC and convicted for the offence under Sections 341 and 323 IPC. Only superficial injuries alone were sustained by the defacto complainant and as such the learned counsel for the revision petitioner pressed for a leniency in the matter of sentence. While confirming the conviction for the offence under Section 323 and 341 IPC, a reformative approach is adopted considering the nature of offence and the manner in which the injuries were inflicted, which are only superficial injuries. The sentence will stand modified for the offence under Section 323 IPC to a fine amount of Rs.1,000/-, in default, to undergo simple imprisonment for one month and for the offence under Section 341 to a fine of Rs.500/-, in default, to undergo simple imprisonment for a period of fifteen days. The fine amount shall be adjusted towards the cost incurred by the State Government in prosecuting the case. The Criminal Revision Petition will stand allowed in part by modifying the sentence as above. Sd/- P.SOMARAJAN JUDGE SPV