High Court Kerala High Court

P.Arunkumar @ Sadasivan vs The State Of Kerala -Represented on 13 June, 2008

Kerala High Court
P.Arunkumar @ Sadasivan vs The State Of Kerala -Represented on 13 June, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 1912 of 2008()


1. P.ARUNKUMAR @ SADASIVAN, S/O RAJAPPAN,
                      ...  Petitioner

                        Vs



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

                For Petitioner  :SRI.SOJAN MICHEAL

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :13/06/2008

 O R D E R
                          V. RAMKUMAR, J.
                     ===================
                          Crl.R.P. No. 1912 of 2008
                    ====================
                Dated this the 13th day of June, 2008.

                                O R D E R

In this revision filed under Sec. 397 read with Sec. 401 Cr.P.C.,

the petitioner who is the 1st accused in C.C. No.1105 of 2001 on the

file of the Additional Chief Judicial Magistrate, Ernakulam for offences

punishable under Sections 452, 326, 324, 506(ii) and 427 r/w Section

34 IPC challenges the conviction entered and the sentence passed

against him for offences punishable under Sections 452 and 326 r/w

Section 34 IPC.

2. The case of the prosecution can be summarised as

follows:

On 6.11.2000, at about 3.30 p.m., the three accused persons in

furtherance of their common intention, criminally trespassed into the

building bearing No. 11/303 of Kumbalam village, wherein PW2 was

conducting a pappadam manufacturing unit in the name and style of ‘A

Class Pappadam Works’ and voluntarily caused grievous hurt to PW1

by A1 hitting him on his face with an iron lock resulting in his loss of an

incisor, tooth and caused hurt to PW2 by beating on his left hand with

an iron rod used as a deadly weapon and A2 and A3 brandished a knife

and put PWs 1 and 2 under fear of death and the accused persons

CRL.R.P. No. 1912/2008 :2:

thereafter committed mischief in the building causing a loss to the tune

of Rs.2000/- to PW2.

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 8 witnesses as PWs 1 to 8 and

got marked 5 documents as Exts. P1 to P5 and 3 material objects as

Mos. 1 to 3.

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

was questioned under Section 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

18.05.2006 acquitted accused Nos. 2 and 3, but convicted the revision

petitioner/1st accused of offences punishable under Sections 452 and

326 IPC and sentenced him to rigorous imprisonment for one year and

to pay a fine of Rs.10,000/- for each of the said offences and on

default to pay the fine, to undergo simple imprisonment for six

CRL.R.P. No. 1912/2008 :3:

months. From out of the fine amount, Rs.15000/- was directed to be

paid to PW1 and Rs.5000/- was directed to be paid to PW2 as

compensation under Section 357(1) Cr.P.C. The revision petitioner was

acquitted of the other offences namely Sections 324, 506(ii) and 427

r/w Section 34 IPC. On appeal preferred by the revision petitioner as

Crl. Appeal No. 487/2006 before the IV Addl. Sessions Court,

Ernakulam, the lower appellate court as per judgment dated

11.04.2008 dismissed the appeal. Hence, this Revision.

6. Even though 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

CRL.R.P. No. 1912/2008 :4:

view that interests of justice will be adequately met by imposing a

sentence to be passed hereinafter. Accordingly, the sentence imposed

on the revision petitioner is set aside and instead he is sentenced to

imprisonment till the rising of the court and to pay a fine of

Rs.20,000/- (Rupees twenty thousand only) and on default to pay the

fine, to suffer simple imprisonment for three months each under

Sections 452 and 326 IPC. From out of the fine amount, a sum of

Rs.20,000/- (Rupees twenty thousand only) shall be paid to PW1 and a

sum of Rs.6000/- (Rupees six thousand only) shall be paid to PW2 by

way of compensation under Section 357(1) Cr.P.C. The fine amount

shall be deposited before the court below within 45 days from today.

In the result, this Revision is disposed of confirming the

conviction entered but modifying the sentence imposed as above.

V.RAMKUMAR, JUDGE.

rv