High Court Kerala High Court

Suresh vs State Of Kerala on 14 November, 2007

Kerala High Court
Suresh vs State Of Kerala on 14 November, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 634 of 2000()



1. SURESH
                      ...  Petitioner

                        Vs

1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.P.VIJAYA BHANU

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.R.UDAYABHANU

 Dated :14/11/2007

 O R D E R
                       K.R.UDAYABHANU, J
                    ---------------------------------------------
                       Crl.R.P.No.634 of 2000
                    ---------------------------------------------
             Dated this the 14th day of November, 2007


                                O R D E R

The revision petitioners, 4 in number, are the accused 3 to 5

and 9 in C.C.No.105/95 stands convicted for the offences under

Sections 143, 147, 148, 341, 447, 426, 324 read with Section 149

IPC and sentenced to undergo simple imprisonment for six months

each for the offences under Sections 143, 148 and 324 IPC and to

undergo simple imprisonment for three months each and to pay a

fine of Rs.500/- each for the offence under Section 426 IPC and to

undergo simple imprisonment for one month each for the offence

under Section 341 IPC and also to undergo simple imprisonment

for three months for the offence under Section 447 IPC. No

separate sentence was awarded for the offence under Section 147

IPC. The sentences will have to run concurrently.

2. It is submitted that A1 is no more. A7 is still

absconding. A6 and A8 were acquitted. Subsequently, A2 was

tried separately in the split up case in C.C.No.556/98 and A2 was

also acquitted noting that the matter has been amicably settled in

between the parties. The incident was the result of dispute

between the supporters of two different political groups. PW1 has

CRRP634/00 2

sustained injuries.

3. The counsel for the revision petitioners has only sought

for modification of the sentence. It is pointed out that more than

13 years have elapsed since the date of the incident and the

commencement of the proceedings and that the accused was so far

facing the criminal proceedings. It is also submitted that the

earnings of the revision petitioners are the only means of livelihood

of their families.

4. In the circumstances, considering the long lapse of time,

the sentence imposed for the offence under Section 324 IPC is

modified to imprisonment till the rising of the court and to pay a

compensation of Rs.5,000/- each to PW2, the injured, and in

default, to undergo simple imprisonment for three months each.

No separate sentence is awarded for the rest of the offences. The

revision petitioners shall appear before the Judicial First Class

Magistrate Court, Kunnamkulam on 18.12.2007 to receive

sentence.

The criminal revision petition is disposed of accordingly.

K.R.UDAYABHANU,
JUDGE
csl