IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 45 of 2002()
1. SUNDARAN, S/O.VELAYUDHAN,
... Petitioner
2. REJI, S/O.CHANDRAN KUNJU,
3. RAMAN, S/O. RAVEENDRANATHAN,
4. VIJAYAN, S/O. LAKSHMANAN,
5. SURESH, S/O. MATTU, MEKKATTU VEEDU,
6. ANEESH, S/O. PADMANABHAN,
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.S.RAJEEV
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.R.UDAYABHANU
Dated :18/07/2007
O R D E R
K.R. UDAYABHANU, J.
---------------------------------------------------------------
Crl. R.P. No.45 of 2002
--------------------------------------------------------------
Dated 18th July, 2007
ORDER
The revision petitioners six in number stand convicted
for the offences under sections 143, 147, 148, 324 read with
149 IPC and sentenced to undergo R.I for one year each
and to pay a fine of Rs.2,500/- each for the offence under
sections 148 and 324 IPC each. No separate sentence
was awarded for the offence under sections 143 and 147
IPC.
2. The prosecution case is that the accused, 7 in
number, formed themselves into an unlawful assembly,
armed with dangerous weapons such as sword and bamboo
sticks and they in furtherance of their common object
attacked CWs 1 to 4/PWs 1, 2, 4 and 5 and caused hurt to
them.
3. The evidence adduced in the matter consisted of
the testimony of PWs 1 to 11 and Exts.P1 to P11. PWs 3
CRRP 45/2002 2
and 6 are the occurrence witnesses who supported the
prosecution. PWs 1, 2, 4 and 5 are the injured. The courts
below have concurrently found that the prosecution has
succeeded to establish the guilt of the accused beyond
reasonable doubt. I find that the evidence of PWs 1 to 6
that include the injured as well as the occurrence witnesses
did not contain any pronounced infirmities. I find that the
concurrent findings of the courts below are supported by
proper reasons and evidence adduced. Hence, the
conviction is confirmed.
4. Counsel for the revision petitioners pleaded for
leniency pointing out that the incident has taken place in
January 1995 and that so many years have elapsed since
the commencement of the proceedings. It is also submitted
that both the injured and the accused are fishermen
belonging to the same locality and that they have settled
their differences. In the circumstances, the sentence
imposed for the offence under section 324 is modified to
imprisonment till rising of the court and to remit a
CRRP 45/2002 3
compensation of Rs.12,000/- each and in default to
undergo simple imprisonment for 6 months each. Out of
the compensation amount if remitted, Rs.10,000/- shall be
paid to PW-4 Josy and the balance to be paid equally to
P.Ws 1 and 2. No separate sentence is awarded for the rest
of the offences. The revision petitioners are granted 3
months’ time from today onwards to remit the amount of
compensation. They shall appear before the Addl.C.J.M,
Ernakulam, on 22-10-2007 to receive the sentence.
The Crl.R.P is disposed of accordingly.
K.R.UDAYABHANU,
JUDGE.
Kvm/-
CRRP 45/2002 4
K.R.UDAYABHANU,J.
CRL.R.P. NO.45 OF 2002
ORDER
4-7-2007.