High Court Kerala High Court

Biju Kumar vs State Of Kerala Represented By The on 2 April, 2009

Kerala High Court
Biju Kumar vs State Of Kerala Represented By The on 2 April, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 1167 of 2009()


1. BIJU KUMAR, S/O.RAVEENDRAN NAIR
                      ...  Petitioner
2. RAVEENDRAN NAIR, S/O.VELAYUDHAN

                        Vs



1. STATE OF KERALA REPRESENTED BY THE
                       ...       Respondent

                For Petitioner  :SRI.M.SREEKUMAR

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :02/04/2009

 O R D E R
                         V. RAMKUMAR, J.
          ==========================
                     Crl. R.P. No. 1167 of 2009
          ===========================
              Dated this the 2nd day of April, 2009,.

                               O R D E R

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

Cr.P.C. the revision petitioners who are accused Nos. 2 and 3 in

C.C. No.118 of 1997 on the file of the Judicial First Class Magistrate-

II, Attingal for offences punishable under Sections 447, 324 and 323

r/w Section 34 IPC, challenge the conviction entered and the

sentence passed against them for the aforementioned offences.

2. The case of the prosecution can be summarised as

follows:

On 28.12.1996, at 3.30 p.m., the three accused persons in

furtherance of their common intention, criminally trespassed into

the property of PW1 situated at Thakara Paramb in Pallickal village

and voluntarily caused hurt to PW1 by A1 hitting him with a stone

causing an injury on the left eye-brow and A2 and A3 by fisting and

kicking the recumbent PW1. The accused have thereby committed

the aforementioned offences.

3. On the accused pleading not guilty to the charge framed

against them by the trial court for the aforementioned offences, the

prosecution was permitted to adduce evidence in support of its

case. The prosecution altogether examined 8 witnesses as P.Ws 1

Crl.R.P.No. 1167/2009 : 2 :

to 8 and got marked 6 documents as Exts. P1 to P6 and a stone

as MO1.

4. After the close of the prosecution evidence, the accused

were questioned under Sec. 313 (1)(b) Cr.P.C. with regard to the

incriminating circumstances appearing against them in the evidence

for the prosecution. They denied those circumstances and

maintained their innocence. They did not adduce any defence

evidence when called upon to do so.

5. The learned Magistrate, after trial, as per judgment dated

09.06.1999 found the revision petitioners (who alone stood trial)

guilty of the offences and sentenced each of them to simple

imprisonment for three months under Section 447 IPC, simple

imprisonment for one year under Section 324 IPC and simple

imprisonment for six months under Section 323 IPC. They were

each ordered to pay a sum of Rs.500/- as compensation to PW1

presumably under Section 357(3) Cr.P.C. On appeal preferred by

the revision petitioners as Crl. Appeal No. 244 of 1999 before the

Sessions Court, Thiruvananthapuram, the Additional Sessions

Judge, Fast Track Court-II as per judgment dated 31.05.2008

dismissed the appeal confirming the conviction entered and the

sentence passed. Hence, this Revision.

Crl.R.P.No. 1167/2009 : 3 :

6. Eventhough the learned counsel appearing for the

revision petitioners assailed on various grounds the conviction

entered against the revision petitioners, 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 petitioners. Having regard to the facts and

circumstances of the case, I do not think that the revision

petitioners deserve penal servitude by way of incarceration for the

said conviction. The sentence imposed by the courts below is set

aside. I am of the view that interest of justice will be adequately

met by imposing a sentence to be passed hereinafter. Accordingly,

for their conviction under Section 323 IPC, each of the revision

petitioners is sentenced to pay a fine of Rs.500/- (Rupees five

hundred only) and on default to pay the fine, to suffer simple

imprisonment for 15 days. For their conviction under Section 324

IPC, each of the revision petitioners is sentenced to imprisonment

till the rising of the court and to pay a sum of Rs.2,500/- (Rupees

two thousand and five hundred only) as compensation to PW1, the

Crl.R.P.No. 1167/2009 : 4 :

injured. For their conviction under Section 447 IPC, each of the

revision petitioners is sentenced to pay a fine of Rs.500/- (Rupees

five hundred only) and on default to pay the fine, to suffer simple

imprisonment for 15 days. The petitioners are given one month’s

time from today to deposit the fine as well as the compensation

amount before the trial court. On default to pay the compensation,

the defaulting petitioner shall suffer simple imprisonment for two

months by way of default sentence. The petitioners shall report

before the trial court on 29.04.2009 to receive the sentence of

imprisonment till the rising of the court.

In the result, this Revision is disposed of confirming the

conviction entered but modifying the sentence imposed as above.

Dated this the 2nd day of April, 2009.

V. RAMKUMAR, JUDGE.

rv