IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 Crl.Rev.Pet.No. 2941 of 2008() ------------------------------ CRA.789/2005 of ADDL.SESSIONS COURT, FAST TRACK COURT-III, TRIVANDRUM CC.795/2001 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, NEYYATTINKARA .................... REVN. PETITIONER: APPELLANT/1ST ACCUSED: ----------------------------------------------------- ASOKAN @ COMMISSIONER, S/O.ARJUNA PANICKER, NEYTHU COLONY, PERINGAMMALA, KALLIYOOR DESOM, KALLIYOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.S.D.ASOKAN RESPONDENTS: RESPONDENT/COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY ADV. SRI. P. RAVINDRA BABU, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 28/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ...................................... Crl.R.P. No. 2941 of 2008 ....................................... Dated this the 28th day of August, 2008. O R D E R In this revision filed under Section 397 read with Section 401 Cr.P.C., the petitioner who was the 1st accused in C.C. No. 795 of 2001 on the file of the Judicial First Class Magistrate-I, Neyyattinkara for an offence punishable under Section 325 IPC challenges the conviction entered and the sentence passed against him for the aforementioned offence. 2. The case of the prosecution can be summarised as follows: On 08.11.2000, at about 9 p.m., at Peringamala, the two accused persons in furtherance of their common intention voluntarily caused hurt to PW1 by A1 inflicting a blow with his fist on the mouth of PW1 resulting in his upper incisor tooth getting dislodged. A2 fisted PW1 on his chest causing pain and swelling. The accused have thereby committed the aforementioned offence. 3. On the accused pleading not guilty to the charge framed against them by the trial court for the aforementioned CRL.R.P. NO. 2941/2008 :2: offence, the prosecution was permitted to adduce evidence in support of its case. The prosecution altogether examined 9 witnesses as PWs 1 to 9 and got marked 5 documents as Exts. P1 to P5. 4. After the close of the prosecution evidence, the accused was questioned under Section 313 (1)(b) Cr.P.C. with regard to the incriminating circumstances appearing against them in the evidence for the prosecution. They denied those circumstances and maintained their innocence. They did not adduce any defence evidence when called upon to do so. 5. The learned Magistrate, after trial, as per judgment dated 05.10.2005 acquitted the 2nd accused, but convicted the revision petitioner of the offence punishable under Section 325 IPC and sentenced him to simple imprisonment for one year and to pay a fine of Rs.3000/- and on default to pay the fine, to suffer simple imprisonment for six months. On appeal preferred by the revision petitioner before the Sessions Court, Thiruvananthapuram, the learned Additional Sessions Judge dismissed the appeal confirming the conviction entered and the CRL.R.P. NO. 2941/2008 :3: sentence passed. Hence, this Revision. 6. Even though 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 interests of justice will be adequately met by imposing a sentence to be passed hereinafter. Accordingly, for his conviction under Section 325 IPC, the petitioner is sentenced to imprisonment till the rising of the court and to pay a compensation of Rs.10,000/- (Rupees ten thousand only) to PW1, the injured under Section 357(3) Cr.P.C. CRL.R.P. NO. 2941/2008 :4: On failure to pay the compensation, he shall undergo simple imprisonment for four months. The petitioner shall deposit the compensation amount 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 28th day of August, 2008. V.RAMKUMAR, JUDGE. rv