Kochi: The Kerala High Court has come to the rescue of a Kottayam-based family who suffered grievous injuries in a violent attack by enhancing the fine amount to be paid. The court reduced the jail term of the accused so that adequate compensation can be provided. The court increased the fine amount from Rs 5,000 to Rs 1 lakh and reduced the incarceration period of the accused from three-year rigorous imprisonment to one year.
By putting a person to incarceration for a long period, the injured persons, who had suffered much, cannot be adequately compensated unless proper provision is made for the same, the court held. “In order to wipe out the tears of those persons, who had suffered from the hands of the accused, a provision has to be made for compensating them,” Justice B. Kemal Pasha observed.
The court was considering an assault using a dangerous weapon on three members of a family. Court observed that it cannot order a higher amount of compensation by way of fine without reducing the period of imprisonment imposed by the court below on the appellant for the offence under Section 326 IPC (causing grievous hurt by weapons). Three persons were attacked and series of serious injuries were inflicted on them in the incident happened in 2008.
