IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 1697 of 2002()
1. BABURAJ, S/O. RAGHAVAN,
... Petitioner
2. BABY, S/O. RAGHAVAN,
3. RAJU, S/O. KUNJU KUNJU,
4. PRASANNAN, S/O. NEELAMBARAN,
5. SATHEESAN, S/O. BHARGAVAN,
6. VASUDEVAN, S/O. RAGHAVAN,
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.P.VIJAYA BHANU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :28/05/2009
O R D E R
K.P.BALACHANDRAN, J.
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Crl. R. P. No.1697 of 2002
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Dated this the 28th day of May, 2009
ORDER
Accused Nos.2 and 7 in Crime No.166/91 of
Oachira Police Station who were charge sheeted
for offence under Sections 143, 147, 447, 427,
149 and 506(1) IPC and who were convicted for
offence under Sections 143, 447, 427 and 506
(1) IPC and sentenced to R.I. for one month
each under Section 143 and 447 IPC and to R.I.
for six months each under Sections 427 and 506
(1) IPC with benefit of concurrency are the
petitioners, the conviction and sentence
passed against them by the learned Magistrate
having been confirmed also by the Sessions
Court, Kollam in Criminal Appeal No.18/99.
2. It is contended by the learned counsel
for the petitioners that though there are
circumstances emanating from the totality of
the evidence and the circumstances available
Crl. R. P. No.1697 of 2002 -2-
in the case which would exonerate the
petitioners from the guilt, she would canvass
only for the conversion of the sentence into
one of fine and submits that the petitioners
were all in their twenties at the time of the
occurrence in 1991; that the occurrence has
taken place on a bandh day on account of
political animosity and after 17 years of the
occurrence the petitioners are settled in life
with no politics and there is no ill-will or
animosity subsisting between the witnesses and
the petitioners and that therefore, as a
gesture of mercy to enable the petitioners to
be good citizens hereafter the sentences
awarded to them be converted to fine as the
petitioners are not habitual offenders nor is
there any other case against them.
3. Considering the entire circumstances
of the case, I am of the view that this is a
case wherein this Court would be justified in
Crl. R. P. No.1697 of 2002 -3-
converting the sentence of imprisonment to one
of fine.
4. In the result, while confirming the
concurrent conviction of the petitioners for
offence under Sections 143, 447, 427 and 506
(1) IPC read with Section 149 thereof, I set
aside the sentence of imprisonment awarded to
the petitioners and impose a sentence of fine
of Rs.500/- each for offences under Sections
143 and 447 IPC and a fine of Rs.2,000/- each
for offences under Sections 447 and 427 IPC on
each of the petitioners. They shall pay the
fine and report the matter before the
concerned Magistrate positively within one
month from today. In case of default they are
to suffer simple imprisonment for one month
each for offences under Sections 143 and 447
IPC and simple imprisonment of six months each
for offences under Sections 427 and 506(1) IPC
and to suffer the said sentence they shall
Crl. R. P. No.1697 of 2002 -4-
surrender before the concerned Magistrate
positively on 30/06/09.
5. The revision is thus, allowed in part
altering the sentence.
K.P.BALACHANDRAN,
JUDGE
kns/-