IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 Crl.Rev.Pet.No. 820 of 2008() ----------------------------- CRA.562/2001 of SESSIONS COURT, KOZHIKOE CC.156/1997 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOZHIKODE .................... REVN. PETITIONER: REVN. PETITIONER/APPELLANT/ACCUSED ---------------------------------------------------- V.P.USMAN, S/O. MOIDEENKUTTY, KOTTUPADAM LAKSHAMVEEDU COLONY, MAKKADA AMSOM, DESOM, KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN SMT.N.S.REHNA RESPONDENTS: COMPLAINANT & STATE -------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S. BREEZ THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 18/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl. R.P. No. 820 of 2008 * * * * * * * * * * * * * * * * * * Dated: 18-03-2008 ORDER Petitioner who is the accused in C.C. No. 156 of 1997 on the file of J.F.C.M.I, Kozhikode for an offence punishable under Section 325 I.P.C. challenges the conviction entered and the sentence passed concurrently by the courts below for the said offence. 2. The case of the prosecution can be summarised as follows:- On 19-10-10-1996 at about 8.45 p.m. the accused out of his enmity assaulted P.W.1 from the road in front of Shop No. 9 /88 in the Central Market, Kozhikode by hitting him on his face with his head resulting in the breaking of the upper right side teeth of P.W.1 and an injury on his upper lip. 3. On the side of the prosecution 11 witnesses were examined as P.Ws 1 to 11 and 6 documents were marked as Exts.P1 to P6 and the blood stained shirt of P.W.1 was produced and marked as MO1. 4. After the close of the prosecution evidence the accused was questioned under Sec. 313 (1)(b) Cr.P.C. He denied the incriminating circumstances and maintained his innocence. He did not adduce any defence evidence. 5. The learned Magistrate, after trial, as per judgment Crl.R.p. No. 820 of 2008 -:2:- dated 29-09-2001 found the revision petitioner guilty of the offence and sentenced to undergo simple imprisonment for one year and to pay the fine of Rs. 4,500/- and on default to pay the fine to suffer simple imprisonment for three months . A sum of Rs. 3,500/- was directed to be paid as compensation to P.W.1. 6. On appeal preferred by the revision petitioner as Criminal Appeal No. 562 of 2001 before the Sessions Court, Kozhikode the lower appellate court reduced the imprisonment for one year but confirmed the other part of the trial court's judgment. Hence, this Revision. 7. Eventhough the learned counsel appearing for the revision petitioner assailed on various grounds the conviction recorded against the revision petitioner, in as much as the said conviction has been entered 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. 8 . What now remains to be considered is 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. The occurrence took place at the spur of the moment and in a heat of passion. No weapon has been used. He is a coolie who was aged 43 years at the time of occurrence. Under these circumstances, I am of the view that a direction for imprisonment till rising of the Court and Crl.R.p. No. 820 of 2008 -:3:- an appropriate compensation shall meet the ends of justice. Accordingly, the sentence under Sec. 324 I.P.C. is set aside and instead he shall undergo imprisonment till rising of Court and shall pay a sum of Rs. 7,500/- (Rupees seven thousand five hundred only) by way of compensation to P.W.1. The compensation amount shall be deposited before the trial court within 45 days from today failing which the petitioner shall undergo simple imprisonment for two months by way of default sentence. This Crl.R.P. is disposed of confirming the conviction entered and modifying the sentence as above. V. RAMKUMAR, JUDGE ani/