IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 8TH JANUARY 2010 / 18TH POUSHA 1931 Crl.Rev.Pet.No. 90 of 2010() ---------------------------- CRA.621/2008 of V ADDL.SESSIONS COURT, ERNAKULAM CC.51/2004 of JUDL.MAGISTRATE OF FIRST CLASS, MUVATTUPUZHA .................... REVN. PETITIONER/ APPELLANT/ACCUSED:- ------------------------------------------------ SUMESH, AGED 40 YEARS, S/O. MADHAVAN, MELATHUMYALIL, MUVATTUPUZHA KARA, MUVATTUPUZHA VILLAGE. BY ADV. MR. GEO PAUL MR. SANU MATHEW MR. C.R.PRAMOD MR. S.ASHOK KUMAR. MR. K.V.REJANISH MR. NOEL JOSEPH RESPONDENT/ RESPONDENT/ COMPLAINANT:- ---------------------------------------------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, MUVATTUPUZHA BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. P.R. JAYAKRISHNAN, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 08/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =================== Crl.R.P. No. 90 of 2010 =================== Dated this the 8th day of January, 2010. O R D E R In this revision filed under Section 397 read with Sec. 401 (1) Cr.P.C., the 1st accused in C.C. No. 51 of 2004 on the file of the Judicial First Class Magistrate, Muvattupuzha for offences punishable under Sections 323 and 324 r/w Section 34 IPC, challenges the conviction entered and the sentence passed against him for the said offences. 2. The case of the prosecution can be summarised as follows: On 04.03.2003, at 9.30 p.m., while PW1 was waiting for the bus in the K.S.R.T.C bus stand at Muvattupuzha, the 1st accused beat him on his face and the 2nd accused held him and A1 hit him on his face with a stone causing injuries and body pain to PW1. The accused have thereby committed the aforementioned offences. 3. On the accused pleading not guilty to the charge framed against him by the trial court for the aforementioned Crl.R.P. No. 90/2010 -:2:- offences, the prosecution was permitted to adduce evidence in support of its case. The prosecution altogether examined 8 witnesses as P.Ws 1 to 8 and got marked 5 documents as Exts. P1 to P5. 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 31.10.2009 found the revision petitioner guilty of the offence punishable under Section 324 I.P.C. and sentenced him to undergo simple imprisonment for three months and to pay a fine of Rs.2000/- and on default to pay the fine, to suffer simple imprisonment for one month. On appeal preferred by the revision petitioner before the Sessions Court, Ernakulam, the learned Additional Sessions Judge as per judgment dated 31.10.2009 confirmed the conviction entered and the sentence Crl.R.P. No. 90/2010 -:3:- 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 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 324 IPC, the revision petitioner is sentenced to imprisonment till the rising of the court and to pay a fine of Rs.5000/- (Rupees five thousand only) and on default to pay the fine, to suffer simple Crl.R.P. No. 90/2010 -:4:- imprisonment for two months. From out of the fine amount, a sum of Rs.3000/- (Rupees three thousand only) shall be paid to PW1 as compensation under Section 357(1)(b) Cr.P.C. The petitioner is given one month's time to deposit the fine amount. In the result, this Revision is disposed of confirming the conviction entered but modifying the sentence imposed as above. Dated this the 8th day of January, 2010. V.RAMKUMAR, JUDGE. rv