IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 23RD JUNE 2010 / 2ND ASHADHA 1932 Crl.Rev.Pet.No. 1007 of 2001 ----------------------------------------------- SC.134/1998 of PRL. ASSISTANT SESSIONS COURT, IRINJALAKUDA .................... REVN. PETITIONER/PW1: P.A.HUSAIN, PUZHANKARAILLATH HOUSE, KAIPAMANGALAM, CHALINGAD P.O., TRICHUR DISTRICT. BY ADV. SRI.ABOOBACKER PULICKOOL RESPONDENTS/ACCUSED & COMPLAINANT: 1. BASHEER, S/O SYED, VAIPPINKATTIL, CHALINGADU, KAIPAMANGALAM, TRICHUR DISTRICT. 2. ABDULKHADAR @ ILLU, S/O MOHAMMAD ALI, PUZHANKARAILLATH, DO. DO. 3. SADATH, DO. DO. 4. RASSIK, S/O KUNHUMOIDEEN HAJI, PALLIPARAMBIL HOUSE, DO. DO. 5. ABDULRAHIM, DO. DO. 6. SALIM, S/O ABDULKARIM, THAIVALAPPIL HOUSE, DO. DO. 7. RAFEEQUE, S/O ABOOBACKER, PUZHANGARAILLATH, DO. DO. 8. STATE REP. BY C.I. OF POLICE, VALAPAD, REP. BY PUBLIC PROSECUTOR, HIGH COURT KERALA, ERNAKULAM. BY ADV. SRI.P.VIJAYA BHANU R2 - R7 SRI.P.M.RAFIQ PUBLIC PROSECUTOR SRI.P.A.SALIM FOR R8 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 23/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.R.P.No.1007 of 2001 -------------------------- ORDER Defacto complainant, who was examined as PW1 in S.C.No.134/1998 on the file of Principal Assistant Sessions Court, Irinjalakuda, filed this revision challenging the inadequacy of the sentence awarded for the offences under Sections 148, 307 and 323 read with Section 149 of Indian Penal Code. Revision was filed at a time when the accused had challenged the conviction before Sessions Court, Thrissur in Crl.A.No.229/2001. Subsequently, learned Sessions Judge, as per judgment dated 25.1.2003, dismissed the appeal confirming the conviction and sentence. Hence, the sentence awarded by the Principal Assistant Sessions Judge, Irinjalakuda, which is challenged in this revision, is no more in force and the sentence, as confirmed in Crl.A.No.229/2001, is challenged by the accused in Crl.R.P.No.3001/2003 before this Court. If CRRP 1007/01 2 advised, petitioner has to challenge that sentence. In such circumstances, revision is dismissed as infructuous. 23rd June, 2010 (M.Sasidharan Nambiar, Judge) tkv