IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU WEDNESDAY, THE 18TH JULY 2007 / 27TH ASHADHA 1929 Crl.Rev.Pet.No. 45 of 2002() --------------------------------- CRA.350/2001 of VI ADDL.SESSIONS COURT, ERNAKULAM CC.67/1996 of ADDL.CHIEF JUDICIAL MAGISTRATE, ERNAKULAM .................... REVN. PETITIONER: /APPELLANT/ACCUSED: ------------------------------------- 1. SUNDARAN, S/O.VELAYUDHAN, PATTANTHAZHATH VEEDU, CHEPPANAM DESOM, KUMBALAM VILLAGE. 2. REJI, S/O.CHANDRAN KUNJU, KADANTHRA VEEDU, CHEPPANAM DESOM,KUMBALAM VILLAGE. 3. RAMAN, S/O. RAVEENDRANATHAN, ARAKKAL VEEDU, CHEPPANAM DESOM, KUMBALAM VILLAGE. 4. VIJAYAN, S/O. LAKSHMANAN, LAKSHAM VEEDU COLONY, CHEPPANAM DESOM, KUMBALAM VILLAGE. 5. SURESH, S/O. MATTU, MEKKATTU VEEDU, CHEPPANAM DESOM, KUMBALAM VILLAGE. 6. ANEESH, S/O. PADMANABHAN, VELLIKKATHA VEEDU, CHEPPANAM DESOM, KUMBALAM VILLAGE. BY ADV. SRI.S.RAJEEV SRI.S.RAJEEV RESPONDENTS: /RESPONDENT/COMPLAINANT: ------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM (CRIME NO.11 OF 1994 OF PANANGAD POLICE STATION) BY PUBLIC PROSECUTOR SRI.C.K.SURESH THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 18/07/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.RP. NO.45/2002 ORDER ON CMP. NO.370/2002 IN CRL.RP. NO.45/2002 DISMISSED 18.07.2007 SD/- K.R.UDAYABHANU, JUDGE /TRUE COPY/ P.S. TO JUDGE tss 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.