High Court Kerala High Court

Raveendran @ Orumonkuttan vs State Of Kerala on 18 February, 2009

Kerala High Court
Raveendran @ Orumonkuttan vs State Of Kerala on 18 February, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 77 of 2009()


1. RAVEENDRAN @ ORUMONKUTTAN
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

2. THE PUBLIC PROSECUTOR

                For Petitioner  :SRI.P.SREEKUMAR

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :18/02/2009

 O R D E R
                         V. RAMKUMAR, J.
                       `````````````````
                     Crl.R.P. Nos. 77 of 2009
                                and
                            81 of 2009
                       `````````````````
                        Dated:18-02-2009

                             O R D E R

In these revisions filed under Sec. 397 read with Sec. 401

Cr.P.C. the petitioners who are the accused in C.C. No.365 of 2004

on the file of the J.F.C.M. I, Haripad for an offence punishable

under Sec. 323 I.P. C. challenge the conviction entered and the

sentence passed against them by the courts below concurrently for

for the above said offence .

2. The case of the prosecution can be summarised as

follows:

On 17-5-2004 at about 5.30 p.m. when P.W.1 was coming on

his motor bike he saw the two accused persons at Oottuparambu

railway level cross. PW1 demanded A1 to pay the money which he

owed to P.W.1. Suddenly A1 picked up a granite stone from the

railway track and hit on the face of P.W1. He fell down. A2 fisted

on his chest. The above acts were committed by the accused in

Crl.R.P. Nos. 77 of 2009
and 81 of 2009 -:2:-

prosecution of their common intention to cause hurt to P.W.1.

3. On the accused pleading not guilty to the charge framed

against them by the trial court for the aforementioned offences,

the prosecution was permitted to adduce evidence in support of its

case. The prosecution altogether examined six witnesses as P.Ws 1

to 6 and got marked 5 documents as Exts. P1 to P5.

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

were questioned under Sec. 313 (1)(b) Cr.P.C. with regard to the

incriminating circumstances appearing against them in the

evidence for the prosecution. They denied those circumstances

and maintained their innocence. They did not adduce any defence

evidence when called upon to do so.

5. The learned Magistrate, after trial, as per judgment

dated 26th February, 2007 found both the revision petitioners guilty

of the offence punishable under Sec. 323 I.P.C. and sentenced them

to simple imprisonment for three months each and to pay fine of Rs.

1,000/- and on default to pay the fine to suffer simple

imprisonment for one month. A sum of Rs. 500/- was directed to

give P.W1 as compensation. Hence, these Revisions.

Crl.R.P. Nos. 77 of 2009
and 81 of 2009 -:3:-

6. Reports of the District Probation Officer, Alppuzha

show that there has been no previous conviction for both the

petitioners. He has also recommended the release of the

petitioners on probation. Under these circumstances, I am inclined

to extend the benevolent provisions of Sec. 4 of the Probation of

Offenders Act to the petitioners. Accordingly, the petitioners shall

be released on probation under Sec. 4 of the Probation of

Offenders Act, for a period of one year on their executing a bond

to the satisfaction of the trial court. They shall also pay a sum of

Rs. 2,000/- as compensation to P.W.1 under Section 5 of the

Probation of Offenders Act. Revision petitioners shall appear

before the trial court on 16-3-2009 and execute the bond. They

shall also deposit the compensation amount on that day. The

compensation shall be paid to the P.W.1 on the same day.

Revision Petitions are accordingly, disposed of.

Dated this the 18th day of February, 2009.

                                    Sd/-     V.Ramkumar, Judge.



                              /true copy/

Crl.R.P. Nos. 77 of 2009
and 81 of 2009              -:4:-




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