IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 920 of 1998()
1. KUNHAMOHAMMED
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.V.K.MOHAMMED YOUSUF
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice J.B.KOSHY
Dated :16/07/2007
O R D E R
J.B.KOSHY, J.
-------------------------
Crl.R.P.No.920 OF 1998
-------------------------
Dated 16th July, 2007
ORDER
Revision petitioners were convicted under Sections
447 and 427 read with Section 34 of the Indian Penal Code.
The prosecution case was proved beyond doubt by the witnesses
examined on the side of the prosecution (PWs 1 to 8). No
evidence was adduced on the side of defence. The extent of
damage caused are mentioned in the mahazar. No grounds are
made out by the petitioners for interfering with the
conviction entered concurrently by the courts below under
Sections 447 and 427 of IPC. The main contention raised in
the revision petition is that since the petitioners were
convicted for minor offences, they may be allowed to be
released on probation under the Probation of Offender’s Act
and a lenient view may be taken. Considering the offences, I
alter the sentence. Petitioners are sentenced to pay a fine
of Rs.2,000/= each under Section 427 IPC and Rs.500/= each
under Section 447 IPC, instead of the imprisonment imposed.
If the fine is not paid, they shall undergo simple
imprisonment for three months. On realisation of the fine
Crl.R.P.920/1998 2
amount, Rs.3,000/= (Rs.1,000/= each from the fine realised
from each of the accused) shall be paid to PW1.
The revision petition is disposed of accordingly.
J.B.KOSHY
Judge
tks