IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 21ST JANUARY 2010 / 1ST MAGHA 1931 Crl.Rev.Pet.No. 281 of 2010() ----------------------------- CRA.184/2008 of ADDL. SESSIONS COURT, FAST TRACK COURT (ADHOC)-II, TRIVANDRUM CC.758/2002 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KATTAKADA .................... REVN. PETITIONER/ APPELLANT/ACCUSED:- ------------------------------------------------- RAVICHANDRAN NAIR, S/O. BHASKARAN NAIR, AGED 47 YEARS, PAINTER, SARANYALAYAM, NEAR MACHAL P.O., MALAYINKEEZHU VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADV. MR. P.S.BIJU RESPONDENT/ RESPONDENT/STATE:- ------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (CRIME NO. 392/2002 OF MALAYINKEEZHU POLICE STATION) ADV. MR. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 21/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =================== Crl.R.P. No. 281 of 2010 =================== Dated this the 21st day of January, 2010. O R D E R In this revision filed under Section 397 read with Sec. 401 Cr.P.C. the petitioner who is the sole accused in C.C. No.758 of 2002 on the file of the Judicial First Class Magistrate, Kattakada for offences punishable under Sections 341 and 324 IPC challenges the conviction entered and the sentence passed against him for the aforementioned offences. 2. The case of the prosecution can be summarised as follows: On 30.09.2002, at 4 p.m., at Machel in Malayinkil village, the accused with the intention of voluntarily causing hurt to PWs 5 and 6 (husband and wife) voluntarily caused hurt to PWs5 and 6 by beating them with the handle of pickaxe as a result of which PWs 5 and 6 sustained injuries. 3. On the accused pleading not guilty to the charge framed against him by the trial court for the aforementioned offences, the prosecution was permitted to adduce evidence in Crl.R.P. No. 281/2010 -:2:- support of its case. The prosecution altogether examined 8 witnesses as P.Ws 1 to 8 and got marked 4 documents as Exts. P1 to P4. 4. After the close of the prosecution evidence, the accused was questioned under Sec. 313 (1)(b) Cr.P.C. with regard to the incriminating circumstances appearing against him in the evidence for the prosecution. He denied those circumstances and maintained his innocence. He did not adduce any defence evidence when called upon to do so. 5. The learned Magistrate, after trial, as per judgment dated 13.02.2008 found the revision petitioner guilty of the offences and sentenced him to undergo simple imprisonment for one month and six months respectively for offences punishable under Sections 341 and 323 IPC. On appeal preferred by the revision petitioner before the Sessions Court, Thiruvananthapuram, the learned Additional Sessions Judge, Fast Track Court (Adhoc)-II as per judgment dated 30.12.2009 confirmed the conviction entered and the sentence passed against the revision petitioner. Hence, this Revision. Crl.R.P. No. 281/2010 -:3:- 6. Eventhough the learned counsel appearing for the revision petitioner assailed on various grounds the conviction entered against the revision petitioner, in as much as the conviction has been recorded by the courts below concurrently 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. 7. What now survives for consideration is the question regarding the adequacy or otherwise of the sentence imposed on the revision petitioner. Having regard to the facts and circumstances of the case, I do not think that the revision petitioner deserves penal servitude by way of incarceration for the said conviction. I am of the view that interest justice will be adequately met by imposing a sentence to be passed hereinafter. Accordingly, for his conviction under Section 341 IPC, the revision petitioner is sentenced to imprisonment till the rising of the court and to pay a fine of Rs.500/- (Rupees five hundred only) and on default to pay the fine, to suffer simple imprisonment for 10 days. For his conviction under Section 324 Crl.R.P. No. 281/2010 -:4:- IPC, the revision petitioner is sentenced to imprisonment till the rising of the court and to pay a compensation of Rs.7000/- (Rupees seven thousand only) under Section 357(3) Cr.P.C to PWs 5 and 6 jointly and on default to pay the compensation he shall undergo simple imprisonment for two months. The petitioner shall deposit the fine as well as the compensation before the trial court within one month from today. In the result, this Revision is disposed of confirming the conviction entered but modifying the sentence imposed as above. Dated this the 21st day of January, 2010. V.RAMKUMAR, JUDGE. rv