IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 8TH DECEMBER 2010 / 17TH AGRAHAYANA 1932 Crl.Rev.Pet.No. 3705 of 2010() ------------------------------ (AGAINST CRL. APPEAL NO.570/2005 OF ADDL. DIST. & SESSIONS COURT (ADHOC-I), KOLLAM. C.C. NO.374/2004 OF JUDICIAL 1 CLASS MAGISYTRATE-III, PUNALUR) --------------- REVISION PETITIONER/APPELLANT/ACCUSED ------------------------------------------------------------------- MURALI, S/O.CHELLAPPAN, SFCK QUARTERS, 41/B2, AMPANAR KARAVALOOR, PIRAVANTHOOR VILLAGE. BY ADV. SRI.M.R.SASITH PANICKER RESPONDENT/RESPONDENT/COMPLAINANT ------------------------------------------------------------------ STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SRI.SABU SREEDHARAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 08/12/2010, HE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK V. RAMKUMAR, J. = = = = = = = = = = = = Crl.R.P.No.3705 of 2010 = == = = = = = = = = = == Dated this the 8th day of December, 2010 O R D E R In this revision filed under Sec.397 read with Sec. 401 Cr.P.C. the petitioner, who is the accused in C.C. No.374 of 2004 on the file of the J.F.C.M-III, Punalur for an offence punishable under Section 324 IPC challenges the conviction entered and the sentence passed against him for an offence punishable under Section 324 I.PC. 2. The case of the prosecution can be summarised as follows: On 18.2.2002 at about 8.45 p.m. the accused out of his enmity towards PW1 stabbed him on his left rib with a tapping knife while PW1 was standing in front of his quarters. The accused has thereby committed the offence punishable under Section 324 IPC. 3. On the accused pleading not guilty to the charge framed against him by the trial court for the aforementioned offences, the prosecution was permitted to adduce evidence in support of its case. The prosecution altogether examined 5 witnesses as P.Ws 1 to 5 and got marked 6 documents as Exts. Crl.R.P.No.3705/2010 -:2:- P1 to P6. 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 16.07.2005 found the revision petitioner guilty of the offence punishable under Section 324 I.P.C. and sentenced him to undergo simple imprisonment for 6 months. On appeal preferred by the revision petitioner before the Additional District and Sessions Judge (Adhoc)-I, Kollam, the lower appellate court as per judgment dated 26.04.2010 confirmed the conviction entered and the sentence 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 Crl.R.P.No.3705/2010 -:3:- 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, the sentence imposed on the revision petitioner is set aside. For his conviction under Section 324 IPC the petitioner is sentenced to imprisonment till the rising of the court and to pay a fine of `5,000/-(Rupees five thousand only) of which `4,000/-(Rupees four thousand only) shall be paid to PW1, the injured as compensation. Petitioner is given one month's time from today to deposit the fine amount, failing which he shall Crl.R.P.No.3705/2010 -:4:- undergo simple imprisonment for three months by way of default sentence. In the result, this Revision is disposed of confirming the conviction entered but modifying the sentence imposed as above. Dated this the 8 th day of December, 2010. V.Ramkumar, Judge. sj