Revision noted with modifications to the sentence under Section 323 IPC, including compensation to the victim.

ORDER

The petitioner faced trial in C.C.No.584 of 2005 before the Judicial First Class Magistrate Court, Muvattupuzha, for the commission of the offences under Sections 323 and 326 IPC . The prosecution allegation was that on 04.04.2004, at about 4.00 pm, the petitioner inflicted voluntary hurt and grievous hurt upon the defacto complainant by hitting with a wooden rafter causing grievous hurt to him. The Trial Court, after considering the evidence adduced by the prosecution through the oral testimonies of PWs 1 to 8, and the documents marked as Exts.P1 to P5, and also after considering the material object identified as MO1, convicted the petitioner for the commission of the offence under both the above sections. He was sentenced to Simple Imprisonment for three months, and fine Rs.1,000/- under Section 326 , and Simple Imprisonment for one month under Section 323 . In the appeal before the Additional Sessions Court, Ernakulam, in Crl.A.No.439 of

2009, the learned Additional Sessions Judge found that the offence under Section 326 IPC is not attracted, and accordingly, acquitted the petitioner in connection with the aforesaid offence. As regards the offence under Section 323 , he was sentenced by the Appellate Court to Simple Imprisonment for one month. Aggrieved by the above verdict of the Appellate Court, the petitioner is here before this Court with this revision.

2. Heard the learned counsel for the petitioner / accused and the learned Public Prosecutor representing the State of Kerala.

3. On going through the judgments rendered by the courts below after analysing the evidence on record, I am of the view that the alleged acts attributed to the petitioner have been convincingly brought out by the prosecution. There is absolutely no illegality or impropriety in the findings of the courts below holding that the prosecution has succeeded in establishing the criminal acts attributed to the petitioner. The Appellate Court has rightly observed that the aforesaid acts will not constitute the offence under Section 326 IPC , and accordingly limited the conviction and sentence to one under Section 323 . The above finding of the Appellate Court is not liable to be interfered with in exercise of the revisional powers of this Court. However, having regard to the nature and gravity of the offence alleged against the petitioner, and also other relevant facts and circumstances as borne out of the records, I am of the view that the prison term of Simple Imprisonment for one month, is liable to be reduced to imprisonment till the rising of the court, with a further direction to pay compensation Rs.5,000/- (Rupees five thousand only) to PW1, who got injured in the physical assault of the petitioner. Subject to the above modification in the sentence, the revision petition stands disposed of as follows :-

(i) The finding of the Additional Sessions Court, Ernakulam, convicting the petitioner for the commission of the offence under Section 323 IPC , is hereby upheld. (ii) In supersession of the sentence awarded by the above court, the petitioner / accused is sentenced to imprisonment till the rising of court under with a further direction to pay compensation Rs.5,000/- (Rupees five thousand only) to PW1 / defacto complainant under Section 357 (3) Cr.P.C.

(iii) In default of payment of compensation as directed above, the petitioner will undergo Simple Imprisonment for a further term of one month.

(iv) The petitioner shall surrender before the Trial Court within a period of one month from today to undergo the revised sentence imposed by this Court, and to make payment of compensation as directed in this order.

Registry shall transmit the case records, along with a copy of this order, to the Trial Court forthwith for enforcing the revis