IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 Crl.Rev.Pet.No. 3133 of 2008() ------------------------------ CRA.309/2007 of SPL. COURT (NDPS ACT CASES), THODUPUZHA CC.477/2003 of JUDL. MAGISTRATE OF FIRST CLASS COURT, NEDUMKANDOM .................... REVN. PETITIONER: ------------------ PAPPACHAN @ DEVASSIA, S/O. KURIEN, AGED 40 YEARS, THATTIYIL VEEDU, MANJAPPATTIKARA KALKOONATHAL VILLAGE BY ADV. SRI.S.RAJEEV RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO. 89 OF 2003 OF NEDUMKANDAM POLICE STATION) BY PUBLIC PROSECUTOR SRI.P. RAVINDRA BABU THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 05/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ````````````````` Crl.R.P. No. 3133 of 2008 ````````````````` Dated: 05-09-2008 O R D E R In this revision filed under Sec. 397 read with Sec. 401 Cr.P.C. the petitioner who is the accused in C.C. No. 477 of 2003 on the file of the J.F.C.M., Nedumkandam, for offence punishable under Sections 294 B, 323 and 324 I.P.C. challenges the conviction entered and the sentence passed against him for the the offence punishable under Sec. 324 I.P.C. 2. The case of the prosecution can be summarised as follows: On account of previous enmity towards P.W.1 on 8-3-2003 at 7 p.m. the accused stabbed P.W1 with a knife causing injuries and also beat P.W.3 with bare hands and kicked her on the abdomen infront of the house belonging to P.W.1 at Manjappetty, Mavady road Nedumkandom. Crl.R.P. No.3133 of 2008 -:2:- 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 support of its case. The prosecution altogether examined 7 witnesses as P.Ws 1 to 7 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 3-10-2008 acquitted the revision petitioner of the offences punishable under Sections 294 (b) and 323 I.P.C. and found the revision petitioner guilty of the offence punishable under Section 324 I.P.C. and sentenced him to simple Crl.R.P. No.3133 of 2008 -:3:- imprisonment for three months and to pay fine of Rs. 4,000/- and on default to pay fine to suffer simple imprisonment for three months. On appeal preferred by the revision petitioner before the Sessions Court, Thodupuzha, the learned Addl. Sessions Judge (Special Judge for N.D.P.S. Cases), Thodupuzha as per judgment dated 23-6-2008 confirmed the conviction entered and the sentence passed against the revision petitioner. Hence, this Revision. 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 Crl.R.P. No.3133 of 2008 -:4:- 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, the sentence imposed on the revision petitioner is set aside and instead he is sentenced to imprisonment till rising of the court and to pay compensation of Rs. 7,500/- to P.W.1. The compensation amount shall be deposited 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. ani/ V.Ramkumar, Judge. Crl.R.P. No.3133 of 2008 -:5:- ani.