High Court Kerala High Court

Babu vs State Of Kerala Rep.By S.I. Of … on 29 August, 2008

Kerala High Court
Babu vs State Of Kerala Rep.By S.I. Of … on 29 August, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 2860 of 2008()


1. BABU, S/O. UNNI, AGED 31 YEARS,
                      ...  Petitioner
2. SURESH S/O. BHASKARAN AGED 35 YEARS

                        Vs



1. STATE OF KERALA REP.BY S.I. OF POLICE
                       ...       Respondent

                For Petitioner  :SRI.K.SANIL KUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :29/08/2008

 O R D E R
                      V. RAMKUMAR, J.
                   `````````````````
                 Crl.R.P. No. 2860 of 2008
                   `````````````````
                     Dated: 29-08-2008

                           O R D E R

In this revision filed under Sec. 397 read with Sec. 401

Cr.P.C. the petitioners who were accused Nos. 3 and 5 in

C.C. No. 322 of 1994 on the file of the J.F.C.M. I,

Neyyattinkara for offences punishable unde5r Sections 143,

147, 148, 323, 324 read with Sec. 149 I.P.C. challenge the

conviction entered and the sentence passed concurrently

against them for the aforementioned offences.

2. The case of the prosecution can be summarised

as follows:

On 25-12-1995 at about 5.30 a.m. accused formed

themselves into an unlawful assembly and committed

rioting armed with deadly weapons like iron rod, wooden

sticks etc. and in prosecution of their common object A2

fisted the P.W.1 on his back and A1 and A2 fisted on his

chest and P.W.1 sustained injuries on his lips, A2 fisted

him on his right eye causing contusion, A3 beat P.W.1 on

his lower abdomen with a stick, A4 beat him with an iron

rod on his left knee. Seeing this incident, when P.W.2 the

father of P.W.1 came to the spot A5 beat him with an iron

rod on his head and P.W.2 sustained injuries. A4 beat

Crl.R.P. No. 2860 of 2008 -:2:-

P.W.3 with an iron rod on his toe and right hand. A4 also

beat P.W.4 with an iron rod on his right leg. The

occurrence took place at Kavalalakulam within the

jurisdiction of Neyyattinkara police station.

3. On the accused pleading not guilty to the charge

framed against him by the trial court for the

aforementioned offences, the prosecution was permitted to

adduce evidence in support of its case. The prosecution

altogether examined 10 witnesses as P.Ws 1 to 10 and got

marked 8 documents as Exts. P1 to P8.

4. After the close of the prosecution evidence, the

accused was questioned under Sec. 313 (1)(b) Cr.P.C. with

regard to the incriminating circumstances appearing

against him in the evidence for the prosecution. He denied

those circumstances and maintained his innocence. He did

not adduce any defence evidence when called upon to do so.

5. The learned Magistrate, after trial, as per

judgment dated 8-10-1999 found all the accused persons

guilty of the offences charged against them. For the

conviction under Sections 143, 147, 148 and 323 each of

them was sentenced to simple imprisonment for six months

and for the conviction under Sec. 324 I.P.C. each of them

was sentenced to simple imprisonment for one year.

Substantive sentences were directed to run concurrently.

On appeal preferred by all the 5 accused persons before

Crl.R.P. No. 2860 of 2008 -:3:-

the Sessions Court, Thiruvananathapuram, the Addl.

Sessions Judge as per judgment dated 31-12-2007

confirmed the conviction entered but modified the sentence

by reducing the sentence of imprisonment to three months

under Secs. 143, 147, 148 and 323 I.P.C. and to six months

under Sec. 324 I.P.C. Hence, this Revision.

6. Eventhough the learned counsel appearing for the

revision petitioner assailed on various grounds the

conviction entered against the revision petitioner, in as

much as the conviction has been recorded by the courts

below concurrently after a careful evaluation of the oral

and documentary evidence in the case, this Court sitting in

revision will be loathe to interfere with the said conviction

which is accordingly confirmed.

7. What now survives for consideration is the

question regarding the adequacy or otherwise of the

sentence imposed on the revision petitioner. Having regard

to the facts and circumstances of the case, I do not think

that the revision petitioner deserves penal servitude by way

of incarceration for the said conviction. I am of the view

that interest justice will be adequately met by imposing a

sentence to be passed hereinafter. Accordingly, For

their conviction under Sections 143, 147, 148 and 323 I.P.C.

each of the revision petitioners is sentenced to a fine of

Rs.1,000/- and on default to pay the fine to suffer simple

Crl.R.P. No. 2860 of 2008 -:4:-

imprisonment for 15 days. For their conviction under Sec.

324 I.P.C. each of the revision petitioners is sentenced to

imprisonment till rising of the court and to pay fine of Rs.

3,000/- and on default to pay the fine to suffer simple

imprisonment for two months. From out of the fine amount

a sum of Rs. 2,000/- shall be paid to P.W.1 by way of

compensation under Sec. 357 (1) Cr.P.C. and a sum of Rs.

3,000/- each shall be paid as compensation to P.Ws 2 to 4

each under Sec. 357 (1) Cr.P.C. The fine amount shall be

deposited within one month from today.

In the result, this Revision is disposed of confirming

the conviction entered but modifying the sentence imposed

as above.

V.Ramkumar, Judge.

ani.