2025 Supreme(Online)(Ker) 36392
IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
ABHILASH@TENDER ABHILASH – Appellant
Versus
STATE OF KERALA – Respondent
CRL.REV.PET NO. 653 OF 2025 | Crl.A NO.79 OF 2020 | SC NO.592 OF 2018
For the Appellants/Petitioners: SHRI.ANIL KUMAR K.P., SMT.MARIYAMMA A.K., SMT.IPSITA OJAL, SMT.ARDRA P.
For the Respondents: SR PP SRI HRITHWIK C S
The court confirmed the conviction under Section 324 IPC but reduced the sentence to two weeks, considering the minor nature of injuries inflicted.
Headnote:(A) Indian Penal Code, 1860 - Sections 324 and 308 - Criminal Procedure Code, 1973 - Section 428 - Revision filed against the conviction under Section 324 IPC for the offence of causing hurt - Prosecution established that the accused inflicted injury on the victim using a glass bottle - Trial court sentenced the accused, and the appellate court reduced the sentence - Court reaffirmed the conviction but adjusted the sentence to two weeks in consideration of mitigating factors. (Paras 2, 5, 6)
(B) Revisional Jurisdiction - Court’s limited powers to interfere with conviction and sentence - Revision is not a retrial of the case; focus is on legality and propriety of the conviction. (Para 5)
| Table of Content |
|---|
| 1. final judgments on conviction and sentence. (Para 1) |
| 2. facts regarding the infliction of injury and conviction. (Para 2 , 3) |
| 3. arguments from both counsel. (Para 4) |
| 4. court's consideration of the conviction and sentencing. (Para 5) |
| 5. final decision regarding sentence reduction. (Para 6) |
ORDER
This Revision is filed against the conviction and sentence imposed on the revision petitioner as per the judgment dated 15.01.2020 in SC No.592/2018 on the files of the Assistant Sessions Court, Kozhikode and judgment dated 21.11.2024 in Crl.Appeal No.79/2020 by the 4th Addl.Sessions Court, Kozhikode.
2. Petitioner was charge-sheeted alleging offences punishable under Sections 324 & 308 of the Indian Penal Code . The prosecution case is that, on 14.05.2017 at about 6.30 pm., in a volleyball ground nearby to Ozhayadi Vishnu Temple, the accused came there under the influence of alcohol while the de facto complainant and his friends were playing volleyball and tried to play along with them. When the de facto complainant demanded to move away from the playing ground, the accused, on account of that animosity, used a broken glass bottle and stabbed by aiming at the neck, which was blocked by the defacto complainant to sustain injury on the left hand and his second stabbing caused hurt on the abdomen. The prosecution alleges that unless the de facto complainant was warded off from those stabbings, he would have sustained fatal injury and thereby alleges that the accused has committed the aforesaid offences.
3. To substantiate the case, the prosecution examined PW1 to PW10. Exts.P1 to P9 are the Exhibits marked on the side of the prosecution. MO1 is the material object. After going through the evidence and documents, the trial court found that the petitioner is not guilty under Section 308 of the Indian Penal Code . But, he was convicted and sentenced under Section 324 of the . Petitioner is sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs.10,000/- (Rupees Ten Thousand Only) under of the and in default of payment of fine, petitioner is directed to undergo rigorous imprisonment for a further period of two months. Out of the fine amount paid or realised, there is a direction to pay an amount of Rs.5,000/- (Rupees Five Thousand Only) to PW3 under Section 357(1) of Cr.P.C. Aggrieved by the conviction and sentence, the petitioner filed an appeal before the 4th Addl.Sessions Court, Kozhikode. The 4th Addl.Sessions Court, Kozhikode, considered the appeal and confirmed the conviction but reduced the sentence to three months instead of six months awarded by the trial court. But, the fine amount is confirmed.
Aggrieved by the same, this revision is filed.
4. Heard the counsel for the revision petitioner and the Public Prosecutor.
5. The jurisdiction of this Court to interfere with the conviction and sentence invoking the powers of revisional jurisdiction is very limited. Unless there is illegality, irregularity and impropriety, this Court need not interfere with the conviction and sentence. This Court anxiously considered the impugned judgments and the contentions of the Revision petitioner. I am of the considered opinion that there is nothing to interfere with the conviction and sentence imposed on the petitioner. The trial court and the Appellate Court considered the entire evidence and thereafter, found that the petitioner was guilty under Section 324 of the Indian Penal Code . Therefore, there is nothing to interfere with the conviction and sentence imposed under of the .
6. What remains is the sentence imposed on the revision petitioner. Now, as per the judgment of the Appellate Court, the sentence remains is three months rigorous imprisonment and to pay a fine of Rs.10,000/- (Rupees Ten Thousand Only). The petitioner has already undergone pre-trial custody from 15.05.2017 to 03.06.2017 and thereafter, from 03.05.2018 to 10.05.2018. This Court perused the impugned judgment. A perus