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Judgment
The appellant herein challenges the conviction and sentence against them under Sections 341, 323 and 327 I.P.C in S.C 595 of 2008 of the Court of Session, Kollam.
The prosecution case is that the accused obstructed the de facto complainant on the public road, hit him down with a motorcycle, and when he fell down, he sustained fracture. The accused pleaded innocence and projected a defence that it was in fact an accidental fall, and that a false prosecution was brought against them.
They would not even admit that the complainant sustained injury in a motor accident. According to them, it was an accidental fall, and nothing more. Anyway, pending the appeal, the parties settled the whole dispute and came to
terms. The injured-complainant has received compensation also from the accused. The parties are relatives. As permitted by the court, the offences under Sections 341 and 323 I.P.C stand compounded under the law and composition was recorded in the proceedings.
On an examination of the entire materials, including the evidence given by the de facto complainant, I find that the things as regards the allegation under Section
326 I.P.C are really doubtful. The injured claims to have sustained injury, when he was hit down voluntarily by the accused with a motor cycle. The defence version is that it was just an accidental fall, and not even a motor accident.
On an examination of the entire evidence given by the complainant, I find that his case is really suspicious. It appears that he is not definite that the injury was voluntarily inflicted by the accused. A conviction under Section 326 I.P.C is possible only in a case where grievous injury was voluntarily inflicted with a weapon of offence. There is no such situation here. In view of the doubts regarding the way in which the complainant sustained injury, or the circumstance in which he sustained such an injury due to a fall, I feel it inappropriate to sustain the conviction under Section 326 I.P.C.
In the result, this appeal is allowed. As regards the offences under Sections 323 and 341 I.P.C, the appellant will get the benefit of acquittal under Section 320(8) . He is found not guilty of the offence under Section 326 I.P.C and accordingly he is acquitted of the said offence in appeal under Section 386 (b)(i) of Cr.P.C . The conviction and sentence against him under Section 326 I.P.C in S.C 595/2008 of the court below will stand set aside. The amount, if any, deposited by the appellant before the court below as a condition for suspension of sentence will be released to him.