IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 501 of 1999(C)
1. SURESH
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.TOMY SEBASTIAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.R.UDAYABHANU
Dated :22/10/2007
O R D E R
K.R.UDAYABHANU, J
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Crl.R.P.No.501 of 1999
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Dated this the 22nd day of October, 2007
O R D E R
The revision petitioner is the first accused in C.C.No.54/91
in the court of Judicial First Class Magistrate, Changanacherry
with respect to the offences under Sections 457, 380 and 461
read with Section 34 IPC and stands convicted and sentenced to
undergo R.I. for two years for the offence under Section 457 IPC
and R.I. for one year for the offence under Section 380 IPC on
the allegation that he along with the second accused on
17.6.1990 at about 2 a.m. in the night broke open the door of the
house of the defacto complainant and committed theft of a gold
ring and a V.C.P. The case of the co-accused was disposed of by
this court confirming the conviction but modifying the sentence.
The sentence as modified for the offence under Section 457 IPC
is to undergo R.I. for one year and for the offence under Section
380 IPC is reduced to R.I. for six months.
2. The counsel for the revision petitioner has only sought
for modification of the sentence in terms of the judgment in
CRRP501/1999 2
Crl.R.P.No.483/99 in the revision filed by the second accused.
He has also sought for applying Section 427 Crl.P.C. It is
pointed out that he was arrested on 31.1.1991 and 5 cases were
registered against him and false recoveries were made and
charge sheets filed in C.C.No.50/91 with respect to the offences
under Sections 457 and 380 read with Section 34 IPC and in
other cases. He stands convicted and sentenced to undergo R.I.
for six months as modified by this court in view of the fact that
16 years have elapsed since the date of the commencement of
the proceedings. In C.C.No.52/91 also for the offence under
Section 379 IPC he stands convicted and sentenced to undergo
R.I. for a period of one year and the appeal and the revision
petition is dismissed. In C.C.No.53/91 and stands convicted and
sentenced to undergo R.I. for a period of one year with respect
to the offence under Section 457 IPC and R.I. for six months for
the offence under Section 379 IPC with direction that the
sentences shall run concurrently. In C.C.No.55/91 the accused/
petitioner was convicted by the courts below and in revision this
court acquitted the accused/petitioner. It is submitted that he
has undergone pretrial detention for a period from 26.10.1990 to
CRRP501/1999 3
15.3.1991. Further from 16.7.2007 he is undergoing
imprisonment. He has sought for direction to have the sentences
in the above cases along with the sentence sought to be revised
in the present case to run concurrently.
3. In the circumstances, I find that the plea of the
revision petitioner to have the sentence reduced to R.I. for six
months for the offence under Section 457 IPC and 380 IPC is to
be allowed as the sentence imposed on the co-accused has been
reduced to six months each as per the order of this court in
Crl.R.P.No.483/99. In the circumstances, the sentence imposed
on the accused herewith is modified to R.I. for six months each
for the offences under Sections 457 and 380 IPC. The same shall
run concurrently.
4. The Division Bench of this court in Subrahmanian
vs. State of Kerala (1983(KLT452)) has examined in detail the
circumstances in which Section 427 can be invoked and invoked
the same in a similar situation wherein the petitioner therein
was sentenced for the offence under Sections 457 and 379 read
with Section 34 IPC. I find that it is not necessary to examine
the above aspects in detail as the case of the petitioner herein is
CRRP501/1999 4
similar to that of the petitioner in Subrahmanian’s case (op. cit.).
Hence, it is hereby ordered that the sentences imposed on the
petitioner in C.C.Nos. 50/91, 52/91, 53/91 and in the instant case
i.e., C.C.No.54/91 shall be undergone concurrently. He will also
be entitled for set off.
The criminal revision petition is disposed of accordingly.
K.R.UDAYABHANU,
JUDGE
csl