High Court Kerala High Court

Rajan vs State Of Kerala Represented By on 4 September, 2008

Kerala High Court
Rajan vs State Of Kerala Represented By on 4 September, 2008
       

  

  

 
 
  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