IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 3112 of 2008()
1. RAJAN, S/O MADHAVAN, CHELLAMPACHA
... Petitioner
2. SASI, S/O MADHAVAN, CHELLAMPACHA
3. SOMAN,S/O MADHAVAN,
Vs
1. STATE OF KERALA REPRESENTED BY
... Respondent
For Petitioner :SRI.M.BALAGOVINDAN
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :04/09/2008
O R D E R
V. RAMKUMAR, J.
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Crl.R.P.No.3112 of 2008
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Dated this the 4th day of September, 2008
ORDER
Revision petitioners who are accused Nos.1 to 3 in
C.C.No.72 of 1999 on the file of the J.F.C.M-I, Attingal challenge
the conviction entered and the sentence passed against them for
offences punishable under sections 143,147,148,149,452 & 324
read with 149 IPC. For the above conviction, the sentence
imposed on them by the lower appellate court was only a
sentence of fine.
2. The courts below have recorded the conviction 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.
3. The sentence imposed on the revision petitioner also
cannot be said to be excessive or disproportionately harsh. If at
all the lower court has erred that was on the side of the leniency
in imposing a sentence of fine only where a sentence of
imprisonment would have been more appropriate. Accordingly
Crl.R.P.No.3112 of 2008
2
this Crl.R.P. is dismissed confirming the conviction entered and
sentence passed against the petitioner. The revision petitioner
is given 45 days from today to deposit the fine amount before the
trial court.
Dated this the 4th day of September, 2008.
V. RAMKUMAR, JUDGE
sj