IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 15TH JULY 2008 / 24TH ASHADHA 1930 Crl.Rev.Pet.No. 2290 of 2008() ------------------------------ CRA.63/2001 of II ADDL.SESSIONS COURT, KOLLAM CC.647/1996 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOTTARAKKARA .................... REVN. PETITIONER: APPELLANT --------------------------- BIJU, S/O. MADHAVAN PILLAI, PUTHUVALVILA PUTHEN VEEDU, PULIYOORKONAM WARD, MADAVOOR VILLAGE. BY ADV. SRI.C.RAJENDRAN RESPONDENTS: RESPONDENT ----------------------- STATE OF KERALA, REP. BY THE S.I OF POLICE, CHADAYAMANGALAM POLICE STATION, IN CRIME NO. 152/96, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.M.NAZAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 15/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ========================= CRL.R.P. NO.2290 OF 2008 ========================= Dated this the 15 th day of July 2008 Petitioner, who is the 5th accused in C.C.647/1996 on the file of the JFCM II, Kottarakkara for offences punishable under Sections 143, 147, 148, 341, 324, 427 read with section 149 IPC, challenges the conviction entered and sentence passed against him for offences punishable under Sections 341, 324 and 427 IPC. 2. The case of the prosecution can be summarised as follows: On 7.8.1996, at about 6.30 p.m., on the public road between Muttathukonam and Puliyoorkkonam in Chadayamangalam Village at Poredum Muri, the 9 accused persons formed themselves into an unlawful assembly and in furtherance of the common object of the said assembly, committed rioting armed with deadly weapons such as sword, sticks etc. and A1 inflicted a blow on the forehead of PW1 and A3 & A4 caught hold of PW1 on the hip portion and restrained him. A2 cut PW1 on the right side of his CRL.R.P. NO. 2290/2008 :2: head above the ear with a sword and A5 to A9 inflicted several blows on different parts of PWs.1 and 2 with sticks. In the course of the occurrence, bottles placed on the table of the nearby shop of PW2 for storing sweets were broken by the accused causing a loss of Rs.500/- to PW2. 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 7 witnesses as PWs 1 to 7 and got marked 6 documents as Exts. P1 to P6 and broken pieces of bottles as MO1 series. 4. After the close of the prosecution evidence, the accused was questioned under Section 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 CRL.R.P. NO. 2290/2008 :3: called upon to do so. 5. The learned Magistrate, after trial, as per judgment dated 22.3.2001 found the revision petitioner guilty of the offences punishable under Sections 341, 324 and 427 read with Section 34 IPC. The revision petitioner was acquitted of the offences punishable under Sections 143, 147, 148 and 149 IPC. For the conviction under Section 341 IPC, the accused was sentenced to pay a fine of Rs.500/- and on default to pay the fine, to suffer simple imprisonment for 15 days. For the conviction under Section 324 IPC, he was sentenced to rigorous imprisonment for one year and to pay a fine of Rs.2,000/- and on default to pay the fine, to suffer simple imprisonment for six months. For the conviction under Section 427 IPC, the accused was sentenced to simple imprisonment for six months and to pay a fine of Rs.5,000/- and on default to pay the fine, to suffer simple imprisonment for one month. On appeals preferred by the accused Crl.Appeal Nos.63/2001 and CRL.R.P. NO. 2290/2008 :4: 69/2001, the lower appellate court, as per common judgment dated 22.5.2008, acquitted accused Nos.6 to 9 of all the offences, but confirmed the conviction entered and the sentence passed against A1 to A5. Hence this revision by A5. 6. Even though 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 CRL.R.P. NO. 2290/2008 :5: 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 and instead the revision petitioner is sentenced to pay a fine of Rs.5,000/- (Rupees Five thousand only) and on default to pay the fine, to suffer simple imprisonment for six months under Section 324 IPC. Similarly, for the conviction under Section 427 IPC, the revision petitioner is sentenced to pay a fine of Rs.3,000/- (Rupees Three Thousand only) and on default to pay the fine, to suffer simple imprisonment for one month. From out of the fine amount, a sum of Rs.2,000/- (Rupees two Thousand only) shall be paid to PW1, the injured and a sum of Rs.1,000/- (Rupees one thousand only) shall be paid to PW2, the shop keeper who sustained the loss. The said amount shall be paid as compensation under Section 357(1) Cr.P.C. The petitioner is given 45 days from today to CRL.R.P. NO. 2290/2008 :6: deposit the fine amount before the trial court. The sentence imposed by the court below under Sec.341 IPC is not interfered with. In the result, this revision is disposed of confirming the conviction entered but modifying the sentence as above. Dated this the 15th day of July, 2008 V.RAMKUMAR, JUDGE sj