IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 Crl.Rev.Pet.No. 3604 of 2008() ---------------------------------------- CRA.529/2005 of ADDL. SESSIONS COURT (ADHOC-2), THRISSUR CC.28/2002 of JUDL. MAGISTRATE OF FIRST CLASS COURT, CHAVAKKAD REVN. PETITIONER: REVISION PETITIONER/IST APPELLANT/IST ACCUSED ------------------------------------------------------------------ RENJITH, S/O.SANKARANKUTTY, PANIKKEN VEETTIL (NEAR) FISHERIES SCHOOL, THIRUVATHRA, MANNATHALA VILLAGE. BY ADV. SRI.RAJIT SRI.RANJIT BABU RESPONDENT(S): RESPONDENTS/COMPLAINANT & STATE ---------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.M.NAZAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 18/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. -------------------------------------------------- Crl.Revision Petition No.3604 of 2008 ----------------------------------------------------------- Dated this the 18th day of November, 2008 O R D E R Revision petitioner is the first accused in C.C.28 of 2002 on the file of Judicial First Class Magistrate Court, Chavakkad. Revision petitioner along with accused Nos.2 and 3 were convicted and sentenced for the offence under Sections 323 and 325 read with 34 IPC by the learned Magistrate. They challenged the conviction and sentence before Sessions Court, Thrissur in Crl.Appeal No.529/2005. Learned Sessions Judge on re-appreciation of evidence found that prosecution did not establish the offence under Section 325 IPC, but conclusively proved the offence under Section 323 IPC. Learned Sessions Judge sentenced accused Nos.2 and 3 to undergo imprisonment till rising of the court in addition to pay a fine of Rs.1,000/- each and in default to undergo simple imprisonment for 15 days. Learned Sessions Crl.R.P.3604/2008 - 2 - Judge sentenced the petitioner to undergo simple imprisonment for a period of one month, in addition to a fine of Rs.1,000/- and in default to undergo simple imprisonment for 15 days. 2. Revision petition is filed challenging the conviction and sentence. 3. Learned counsel appearing for the revision petitioner and the learned Public Prosecutor were heard. 4. The learned counsel did not challenge the conviction. Learned counsel submitted that there is no justification for awarding substantive sentence as against the petitioner when for the similar offence, other accused were awarded only imprisonment till rising of court in addition to fine. Crl.R.P.3604/2008 - 3 - 5. Learned Sessions Judge awarded simple imprisonment for one month to the revision petitioner for the reason that it was the revision petitioner who inflicted the injury, though it was in furtherance to the other intention. There was no case that revision petitioner was involved in any other criminal case. In such circumstances, interest of justice will be met, if sentence is modified as against the revision petitioner also to imprisonment till rising of court, in addition to compensation of Rs.4,000/- to be paid to injured PW2. Revision petition is allowed in part. While confirming the conviction for the offence under Section 323 read with Section 34 IPC, revision petitioner is sentenced to undergo imprisonment till rising of court and a compensation of Rs.4,000/- to be paid to PW2, the injured, under Section 357 (1) of the Code of Criminal Procedure. Revision petitioner Crl.R.P.3604/2008 - 4 - is directed to appear before the learned Magistrate on 16- 12-2008 to undergo the sentence and to pay compensation. M. SASIDHARAN NAMBIAR, JUDGE skr