IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 4TH SEPTEMBER 2008 / 13TH BHADRA 1930 Crl.Rev.Pet.No. 3112 of 2008() ------------------------------ CRA.141/2002 of SESSIONS COURT, TRIVANDRUM CC.72/1999 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, ATTINGAL .................... REVN. PETITIONER: -------------------------------- 1. RAJAN, S/O MADHAVAN, CHELLAMPACHA COLONY, BHARATHANOOR, ANKUDI MURI, PANGODE VILLAGE. 2. SASI, S/O MADHAVAN, CHELLAMPACHA COLONY, BHARATHANOOR, ANKUDI MURI, PANGODE VILLAGE. 3. SOMAN,S/O MADHAVAN, CHELLAMPACHA COLONY, BAHRATHANOOR, ANAKUDI MURI, PANGODE, VILLAGE. BY ADV. SRI.M.BALAGOVINDAN RESPONDENTS: ------------------------ STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.M.NAZAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 04/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.R.P.No.3112 of 2008 = = = = = = = = = = = = = = Dated this the 4 th day of September, 2008 ORDER Revision petitioners who are accused Nos.1 to 3 in C.C.No.72 of 1999 on the file of the J.F.C.M-I, Attingal challenge the conviction entered and the sentence passed against them for offences punishable under sections 143,147,148,149,452 & 324 read with 149 IPC. For the above conviction, the sentence imposed on them by the lower appellate court was only a sentence of fine. 2. The courts below have recorded the conviction 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. 3. The sentence imposed on the revision petitioner also cannot be said to be excessive or disproportionately harsh. If at all the lower court has erred that was on the side of the leniency in imposing a sentence of fine only where a sentence of imprisonment would have been more appropriate. Accordingly Crl.R.P.No.3112 of 2008 2 this Crl.R.P. is dismissed confirming the conviction entered and sentence passed against the petitioner. The revision petitioner is given 45 days from today to deposit the fine amount before the trial court. Dated this the 4 th day of September, 2008. V. RAMKUMAR, JUDGE sj