IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 2963 of 2007()
1. PRAKASH, S/O. SREEDHARAN,
... Petitioner
2. PREMJITH,S/O. PRAKASH,
Vs
1. STATE OF KERALA REPRESENTED BY THE
... Respondent
For Petitioner :SRI.C.RAJENDRAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :09/08/2007
O R D E R
V. RAMKUMAR, J.
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Crl. R.P. No. 2963 OF 2007
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Dated this the 9th day of August, 2007
O R D E R
The revision petitioners, who are a father and son,
were accused Nos.1 and 2 in C.C.No.939/98 on the file of the
JFCM-III, Punalur. Both of them were charge sheeted for offences
punishable under sections 447, 324 and 326 read with section 34
IPC by the Sub Inspector of Police, Punalur in Crime No.419/1998.
The learned Magistrate after trial, acquitted the revision petitioners
of the offence punishable under section 326 IPC but convicted
them for offences punishable under sections 447 and 324 IPC.
For the said conviction, each of the accused was sentenced to
undergo rigorous imprisonment for six months under section 324
IPC and rigorous imprisonment for one month under section 447
IPC. The said conviction was confirmed in appeal preferred by the
revision petitioners. Hence, this revision.
2. The case of the prosecution as unravelled though the
oral and documentary evidence adduced by the prosecution is as
follows:-
CW1 Sarasamma and her sister Ammini(PW1) were two
sphinster residing in the house in question. The accused had cut
Crl.R.P.No.2963/07
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and removed the branches of a cashew tree standing in the
property of CW1 and PW1, who had objected to the same and the
accused on the ill fated night at 7.30 p.m. on 25.7.98 trespassed
into the said property and attacked CW1, PW1 and their brother
PW2. The 2nd accused was carrying a reaper and a chopper. The
injury sustained by CW1, who is now no more, was an incised
injury on her left temple, another incised injury on the lower third of
left forearm. Eventhough fracture of the skull was suspected,
medical investigation showed that there was no fracture of the
skull. PWs 1 and 2 were also attacked and they also sustained
injuries. The conviction recorded by the courts below is after an
evaluation of the oral and documentary evidence in the case and
this court, sitting in the rarefied revisional jurisdiction, will be loathe
to dislodge the said conviction by undertaking a re-appraisal of the
oral and documentary evidence. The conviction is accordingly
confirmed.
3. What now remains to be considered is the question of
adequacy or otherwise of the sentence imposed on the revision
petitioners. It is true that they were mounting an assault on CW1,
PW1 and PW2 consequent on the latter taking exception to the
Crl.R.P.No.2963/07
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accused cutting and removing branches of a cashew tree
belonging to them, I am of the view that penal servitude by way of
incarceration is not warranted and that interests of justice will be
adequately met by imposing an appropriate fine and directing
them to compensate the injured. Accordingly, the sentence
imposed on the revision petitioners is set aside and for the
conviction under section 324 IPC, each of the revision petitioners
is sentenced to pay a fine of Rs.4,000/- (rupees four thousand
only) and on default to pay the fine, to suffer simple imprisonment
for two months. For the conviction under section 447 IPC, each of
the revision petitioners is sentenced to pay a fine of Rs.2,000/-
(Rupees two thousand only) and on default to pay the fine, to
suffer simple imprisonment for one month. From out of the fine,
as and when realized, a sum of Rs.3,500/- (Rupees three
thousand five hundred only) shall be paid to PW1 and a sum of
Rs.2,000/- (Rupees two thousand only) shall be paid to PW2 by
way of compensation under section 3571) Cr.P.C.
This revision is disposed of as above.
(V. RAMKUMAR, JUDGE)
aks