IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 928 of 1997()
1. VMANA PRABHU
... Petitioner
Vs
1. STATE
... Respondent
For Petitioner :.
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.R.UDAYABHANU
Dated :19/06/2007
O R D E R
K.R.UDAYABHANU, J
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Crl.R.P.No.928 of 1997
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Dated this the 19th day of June, 2007
O R D E R
The revision petitioner stands convicted for the offences
under Sections 143, 147, 148, 447, 427, 506(ii), 325 read with
Section 149 IPC and sentenced to undergo R.I. for three months
each for the offence under Section 143 and 147 IPC, R.I. for six
months each for the offences under Sections 148, 447 and 427
IPC and R.I. for one year and a fine of Rs.5,000/- with a default
sentence of three months each for the offences under Sections
506(ii) and 325 IPC read with Section 149 IPC. It is directed
that the sentences shall run concurrently.
2. The prosecution case is that on 7.10.1992 in the wake
of communal disturbances in the area, the accused armed with
deadly weapons formed themselves into an unlawful assembly,
trespassed into the compound of the CCEA hall at Fort Kochi and
the defacto complainant and others who were making
arrangements for the marriage of PW2 on the following day was
attacked at about 12 O’ clock in the night and PW1 and others
CRRP928/1997 Page numbers
jumped from the upper story of the hall to the adjoining
compound and as a result, PW1 sustained fracture of the left leg.
3. Counsel for the revision petitioner has only sought for
modification of the sentence pointing out that the incident has
taken place in the year 1992. About 15 years have lapsed since
the date of the incident and so far the petitioners were facing the
criminal proceedings. It is also pointed out that right now the
parties have settled their differences and are keeping good
neighbourly relationship.
4. In the circumstances, the sentence is liable to be
modified. Hence, the sentence imposed for the offence under
Section 506(ii) is modified to pay a fine of Rs.5,000/- and in
default, to undergo simple imprisonment for three months. The
punishment for the offence under Section 325 IPC is modified to
imprisonment till the rising of the court and to pay a fine of
Rs.5,000/- and in default, to undergo simple imprisonment for
three months. No separate sentence is awarded for the rest of
the offences. The fine amount, if realised, is to be paid to PW1
as compensation under Section 357(1) of the Code of Criminal
CRRP928/1997 Page numbers
Procedure. The revision petitioner shall appear before the
JFCM-II, Kochi on 20.7.2007 to receive the sentence.
The criminal revision petition is disposed of accordingly.
K.R.UDAYABHANU,
JUDGE
csl