Florence vs State of Kerala

Type Court Judgment Court Kerala Decided Jan 08, 2024

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Citation: sooperkanoon.com/1321888
Court: Kerala High Court
Judge: Honourable Mr. Justice P.Somarajan
Decided On: Jan 08, 2024
Case Number: Crl.Rev.Pet/1338/2023

Parties & Advocates

Appellant / Petitioner

Florence

Respondent

State of Kerala

Excerpt

.....watts road, cheriyathura, valiyathura ward, muttathara village, thiruvananthapuram, pin - 695007 by adv bharath mohan respondents/respondents/state: 1 state of kerala, represented by the public prosecutor, high court of kerala, ernakulam, kochi, pin - 682031 2 the sub inspector of police, valiyathura police station, thiruvananthapuram, pin - 695008 by public prosecutor sri sangeetharaj n r this criminal revision petition having come up for admission on 08.01.2024, the court on the same day passed the following: crl.r.p.no.1338 of 2023 2orderit is against the concurrent findings of guilt of accused for the offence punishable under sections 324 and 326 ipc and the judgment of conviction and order of sentence, the accused came up in revision.2. it is submitted that the injuries sustained includefracture of right index finger and injury to ulna. no other serious injuries were reported. he had undergone imprisonment for a period of 20 days. hence, while confirming the judgment of conviction, the sentence will stand modified to the extent of period of detention already undergone and a fine amount of rs.2,000/-, in default to undergo simple imprisonment for a period of one month. criminal revision petition will stand allowed accordingly. sd/- p.somarajan judge dmr/- crl.r.p.no.1338 of 2023 3 appendix of crl.rev.pet 1338/2023 petitioners' annexures annexure i certified copy of the judgment of judicial first class magistrate court dated 04.03.2017 annexure ii certified copy of the judgment dated 09.08.2018 of addl. sessions judge-ii, thiruvananthapuram. // true copy // p.a. to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN MONDAY, THE 8th DAY OF JANUARY 2024 / 18TH POUSHA, 1945 CRL.REV.PET NO. 1338 OF 2023 CRIME NO.34/2011 OF VALIYATHURA POLICE STATION, THIRUVANANTHAPURAM AGAINST THE JUDGMENT DATED 09.08.2018 IN CRA 58/2017 OF ADDITIONAL SESSIONS COURT-II, THIRUVANANTHAPURAM CC 314/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS -V, THIRUVANANTHAPURAM (SPECIAL COURT-MARKLIST CASES)

REVISION PETITIONERS/APPELLANTS/ACCUSED: 1 FLORENCE, AGED 65 YEARS, S/o PHILIP, T.C. 34/600(1), KANNANTHURA BEACH, THIRUVANANTHAPURAM, PIN - 695007 2 ANTONY D'CRUZ, AGED 73 YEARS, S/o PHILIP D'CRUZ, T.C. 71/719, WATTS ROAD, CHERIYATHURA, VALIYATHURA WARD, MUTTATHARA VILLAGE, THIRUVANANTHAPURAM, PIN - 695007 BY ADV BHARATH MOHAN RESPONDENTS/RESPONDENTS/STATE: 1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN - 682031 2 THE SUB INSPECTOR OF POLICE, VALIYATHURA POLICE STATION, THIRUVANANTHAPURAM, PIN - 695008 BY PUBLIC PROSECUTOR SRI SANGEETHARAJ N R THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 08.01.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.R.P.No.1338 of 2023 2

ORDER

It is against the concurrent findings of guilt of accused for the offence punishable under Sections 324 and 326 IPC and the judgment of conviction and order of sentence, the accused came up in revision.

2. It is submitted that the injuries sustained include

fracture of right index finger and injury to ulna. No other serious injuries were reported. He had undergone imprisonment for a period of 20 days. Hence, while confirming the judgment of conviction, the sentence will stand modified to the extent of period of detention already undergone and a fine amount of Rs.2,000/-, in default to undergo simple imprisonment for a period of one month. Criminal Revision Petition will stand allowed accordingly. Sd/- P.SOMARAJAN JUDGE DMR/- Crl.R.P.No.1338 of 2023 3 APPENDIX OF CRL.REV.PET 1338/2023 PETITIONERS' ANNEXURES Annexure I CERTIFIED COPY OF THE JUDGMENT OF JUDICIAL FIRST CLASS MAGISTRATE COURT DATED 04.03.2017 Annexure II CERTIFIED COPY OF THE JUDGMENT DATED 09.08.2018 OF ADDL. SESSIONS JUDGE-II, THIRUVANANTHAPURAM. // TRUE COPY // P.A. TO JUDGE

Same Court & Year Kerala · 2024 Same Parties Florence vs State of Kerala Same Judge Honourable Mr. Justice P.Somarajan