AI Structured Summary
Not yet generated for this judgment
Judgment
P.Somarajan, J
Accused Nos.1 to 3 came up against the concurrent judgment of conviction for the offence punishable under Section 324 & 326 IPC. The respective sentence ordered stood confirmed by the First Appellate Court. Originally, the case was charge-sheeted by the police, alleging offence under Section 326, 324, 341 and 294(b) r/w Section 34 IPC as against accused Nos.1 to 3. But they were found not guilty of the offence punishable under Sections 341 and 294 (b) IPC and acquitted, but found guilty for the offence punishable under Sections 324 & 326 IPC. It was confirmed by the First Appellate Court. The injury alleged to have been sustained is a simple fracture on the right tibia. The doctor, who had drawn the wound certificate was also examined in order to show the possibility and origin of the abovesaid fracture by the user of the alleged weapon, an axle of an auto-rikshaw, which was recovered and identified as MO2. The FIR was registered on the next day of the alleged incident without causing inordinate delay. Hence, it gives sufficient corroboration to the oral testimony of the victim, PW1. All the accused were identified by PW1 as persons known to him. The weapon used for inflicting injury was also identified by him while in the box. The medical evidence tendered through the doctor and the wound certificate drawn also give sufficient corroboration to the oral testimony of the victim, PW1, and as such, the concurrent judgment of conviction rendered by both the courts below deserves no interference.
The sentence awarded seemed to be so exorbitant and excessive. All of them were arrested on 16.03.2024 and are under detention. Taking into account the period of detention right from 16.03.2024, it is fit and proper to adjust the substantive sentence towards the period of detention already undergone and a fine amount of Rs.10,000/- each for the offfence punishable under Section 326 IPC, in default, to undergo simple imprisonment for three months each. No separate sentence is ordered as against the offence under Section 324 IPC. Three months time is granted to the revision petitioners/accused Nos.1 to 3 to appear before the trial court in order to receive the sentence of fine or the default sentence ordered. All the accused shall be released forthwith. The fine amount once recovered shall be released to the defacto complainant/victim under Section 357(1)(b) Cr.P.C.
The Crl.R.P will stand allowed accordingly.