IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 391 of 1998()
1. RAJU & ANOTHER
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.C.J.JOY
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.R.UDAYABHANU
Dated :02/03/2007
O R D E R
K.R. UDAYABHANU, J.
CRL.R.P.NOS.391, 392 & 481 OF 1998
DATED THIS THE 2ND MARCH 2007
ORDER
The revision petitioners stand convicted and sentenced, as
modified by the appellate court, to undergo various terms of
imprisonment. A1 stands convicted and sentenced to undergo rigorous
imprisonment for four months for the offence under Section 323
I.P.C., simple imprisonment for one month for offence under Section
447 I.P.C. and rigorous imprisonment for four months for offence
under Section 324 I.P.C. A2 stands convicted and sentenced to
undergo rigorous imprisonment for four months for offence under
Section 324 I.P.C., simple imprisonment for one month for the
offence under Section 447 I.P.C. and rigorous imprisonment for six
months for offence under Section 326 I.P.C.,accused Nos.5 to 7
convicted and sentenced to undergo rigorous imprisonment for four
months for the offence under Section 323 I.P.C. and simple
imprisonment for one month for the offence under Section 447 I.P.C.
and A9 convicted and sentenced to undergo rigorous imprisonment
for four months for the offence under Section 323 I.P.C., simple
imprisonment for one month for the offence under Section 447 I.P.C.
and simple imprisonment for 15 days for the offence under Section CRRP.391/98 & connected cases. -2- 341 I.P.C. The sentences shall run concurrently.
2. The prosecution case is that on 23-1-1990 at 8.30 p.m. the
accused trespassed into the courtyard of the house of PW1 and
attacked her with sticks and caused injuries including fracture of the
2nd meta carpel bone .
3. The evidence adduced consisted of the testimony of PWs.1 to
11, Exts.P1 to P8 and MO.1 reaper. The courts have concurrently
found that the accused is guilty of the offences alleged. The main
evidence in support of the prosecution case consisted of the testimony
of PW1, the injured and PW3, the son of PW1 who attempted to save
his mother, but was kept immobile by the accused. The injuries
sustained are corroborated by the testimony of PW8, the Doctor of
District Hospital, Kottayam and Ext.P7 wound certificate . I find that
there is no ground to interfere in the concurrent findings of the courts
below and hence the conviction of the revision petitioners are
sustained.
4. Counsel for the revision petitioners has pleaded for leniency
pointing out that the incident has taken place in January 1990. In
view of the above circumstances, I find that the sentence is liable to be
modified. The sentence imposed on the first accused for the offence
under Section 324 I.P.C. is modified to imprisonment till the rising of
CRRP.391/98 & connected cases. -3-
the court and to pay a compensation of Rs.7500/- under Section
357(3)Cr.P.C. to PW1 and in default to undergo simple imprisonment
for six months. No separate sentence is imposed for the offence
under Sections 323 and 447 I.P.C. The sentence imposed on accused
Nos. 5 to 7 is modified to imprisonment till the rising of the court
and to pay a compensation of Rs.7500/- each to PW1 for the
offence under Section 324 I.P.C. and in default to undergo simple
imprisonment for four months each. Sentence imposed to accused
No.9 is modified to imprisonment till the rising of the court and to pay
a compensation of Rs.7500/- to PW1 for the offence under Section
323 I.P.C. and in default to undergo simple imprisonment for four
months. No separate sentence is awarded for the offences under
Sections 447 and 341 I.P.C. The revision petitions are disposed of
accordingly. The revision petitioners shall appear before the Judicial
Magistrate of First Class, Kanjirappally on 4-4-2007 to receive
sentence.
K.R.UDAYABHANU, JUDGE
ks.
CRRP.391/98 & connected cases. -4-
K.R.UDAYABHANU, J
CRL.R.P.NOS.391, 392 &
481 OF 1998
ORDER
2ND MARCH -2007