AI Structured Summary
Not yet generated for this judgment
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.