High Court Kerala High Court

Kunhamohammed vs State Of Kerala on 16 July, 2007

Kerala High Court
Kunhamohammed vs State Of Kerala on 16 July, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 920 of 1998()



1. KUNHAMOHAMMED
                      ...  Petitioner

                        Vs

1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.V.K.MOHAMMED YOUSUF

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice J.B.KOSHY

 Dated :16/07/2007

 O R D E R
                        J.B.KOSHY, J.
                  -------------------------
                   Crl.R.P.No.920 OF 1998
                  -------------------------
                    Dated 16th July, 2007

                            ORDER

Revision petitioners were convicted under Sections

447 and 427 read with Section 34 of the Indian Penal Code.

The prosecution case was proved beyond doubt by the witnesses

examined on the side of the prosecution (PWs 1 to 8). No

evidence was adduced on the side of defence. The extent of

damage caused are mentioned in the mahazar. No grounds are

made out by the petitioners for interfering with the

conviction entered concurrently by the courts below under

Sections 447 and 427 of IPC. The main contention raised in

the revision petition is that since the petitioners were

convicted for minor offences, they may be allowed to be

released on probation under the Probation of Offender’s Act

and a lenient view may be taken. Considering the offences, I

alter the sentence. Petitioners are sentenced to pay a fine

of Rs.2,000/= each under Section 427 IPC and Rs.500/= each

under Section 447 IPC, instead of the imprisonment imposed.

If the fine is not paid, they shall undergo simple

imprisonment for three months. On realisation of the fine

Crl.R.P.920/1998 2

amount, Rs.3,000/= (Rs.1,000/= each from the fine realised

from each of the accused) shall be paid to PW1.

The revision petition is disposed of accordingly.

J.B.KOSHY
Judge

tks