IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 634 of 2000()
1. SURESH
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.P.VIJAYA BHANU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.R.UDAYABHANU
Dated :14/11/2007
O R D E R
K.R.UDAYABHANU, J
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Crl.R.P.No.634 of 2000
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Dated this the 14th day of November, 2007
O R D E R
The revision petitioners, 4 in number, are the accused 3 to 5
and 9 in C.C.No.105/95 stands convicted for the offences under
Sections 143, 147, 148, 341, 447, 426, 324 read with Section 149
IPC and sentenced to undergo simple imprisonment for six months
each for the offences under Sections 143, 148 and 324 IPC and to
undergo simple imprisonment for three months each and to pay a
fine of Rs.500/- each for the offence under Section 426 IPC and to
undergo simple imprisonment for one month each for the offence
under Section 341 IPC and also to undergo simple imprisonment
for three months for the offence under Section 447 IPC. No
separate sentence was awarded for the offence under Section 147
IPC. The sentences will have to run concurrently.
2. It is submitted that A1 is no more. A7 is still
absconding. A6 and A8 were acquitted. Subsequently, A2 was
tried separately in the split up case in C.C.No.556/98 and A2 was
also acquitted noting that the matter has been amicably settled in
between the parties. The incident was the result of dispute
between the supporters of two different political groups. PW1 has
CRRP634/00 2
sustained injuries.
3. The counsel for the revision petitioners has only sought
for modification of the sentence. It is pointed out that more than
13 years have elapsed since the date of the incident and the
commencement of the proceedings and that the accused was so far
facing the criminal proceedings. It is also submitted that the
earnings of the revision petitioners are the only means of livelihood
of their families.
4. In the circumstances, considering the long lapse of time,
the sentence imposed for the offence under Section 324 IPC is
modified to imprisonment till the rising of the court and to pay a
compensation of Rs.5,000/- each to PW2, the injured, and in
default, to undergo simple imprisonment for three months each.
No separate sentence is awarded for the rest of the offences. The
revision petitioners shall appear before the Judicial First Class
Magistrate Court, Kunnamkulam on 18.12.2007 to receive
sentence.
The criminal revision petition is disposed of accordingly.
K.R.UDAYABHANU,
JUDGE
csl