IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 23RD DAY OF NOVEMBER 2011/2ND AGRAHAYANA 1933 Crl.MC.No. 4142 of 2008 (V) -------------------------------------- CRRP.54/2000 of ADDL.SESSIONS COURT, THALASSERY CC.1386/1995 of J.M.F.C.,MATTANNUR PETITIONER/DEFACTO COMPLAINANT ------------------------------------------------------- V.M.BALAN NAMBIAR, S/O. APPA NAMBIAR, AGED 61 YEARS, RETIRED HEAD MASTER, PAZHASSI AMSOM, PERINJERY DESOM, THALASSERY TALUK. BY ADV. SRI.CIBI THOMAS RESPONDENT/ACCUSED AND STATE ------------------------------------------------------ 1. ASOKAN, S/O. CHANDUKUTTY NAMBIAR, PAZHASSI AMSOM, PERINJERI DESOM, THALASSERY TALUK,KANNUR. 2. CHANDUKUTTY NAMBIAR, RESIDING -DO-. 3. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R3 BY PUBLIC PROSECUTOR SRI.K.K.SAIDALAVI R1 & 2 BY ADV.SRI.GRASHIOUS KURIAKOSE (SR.) THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 23-11-2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: MG Crl.MC.No. 4142 of 2008 (V) -------------------------------------- APPENDIX PETITIONER'S EXHIBITS: ANNEXURE I:- COPY OF THE JUDGEMENT IN CC 1386/85 ON THE FILE OF THE JUDICIAL IST CLASS MAGISTRATE, MATTANNUR. ANNEXUREII:- COPY OF THE JUDGEMENT IN CRL.RP 54/2000 OF SESSIONS COURT, THALASSERY PHOTO COPY OF THE JUDGEMENT IN CC 1386/95 ON THE FILE OF THE JUDICIAL IST CLASS MAGISTRATE , MATTANNUR. ANNEXURE III:- COPY OF THE ORDER IN CRL.RP 2280/2008 OF THIS HON'BLE COURT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// PA TO JUDGE MG C.T.RAVIKUMAR, J. ---------------------------- Crl.M.C.No.4142 of 2008 ---------------------------- Dated 23rd November, 2011 ORDER This Crl.M.C. arises from C.C.No.1386 of 1995, on the file of the Judicial First Class Magistrate, Mattannnur, in which respondents 1 and 2 are indicted under Sections 447, 323 & 326 read with Section 34 of the Indian Penal Code. The learned counsel on both sides brought to my attention Annexure III order of this Court in Crl.R.P.No.2280 of 2008. In view of the said order, I do not think it necessary to narrate the facts or to deal with the contentions, in detail. The learned Magistrate found the accused, respondents 1 and 2 herein, guilty and convicted and sentenced them to undergo simple imprisonment for one month each under Section 447 read with Section 34 IPC and sentenced to undergo simple imprisonment for three months each under section 323 read with section 34 IPC and further sentenced to undergo simple imprisonment for two years each and to pay a fine of Rs.1,000/- each under Section 326 read with Section 34 IPC. In the appeal preferred against the said conviction and sentence as Crl.A.No.39 of 2000, the lower appellate court confirmed the conviction and sentence. The petitioner herein had, in fact, filed a revision petition as Crl.R.P.No.54 of Crl.M.C.4142/2008 2 2000 seeking enhancement of the sentence awarded to the accused. As per the common judgment, the said revision petition as also the appeal were dismissed. In short, the conviction and sentence passed by the learned Magistrate in C.C.No.1386 of 1995 against respondents 1 and 2 herein were confirmed. It is against the conviction and sentence passed by the lower appellate court for offences under sections 323 and 326 read with Section 34 IPC that Crl.R.P.No.2280 of 2008 was filed by the respondents herein viz., the accused in C.C.No.1386 of 1995. That revision petition was disposed of as per Annexure III order confirming the conviction and modifying the sentence. Evidently, the sentence imposed on the revision petitioners therein viz., respondents herein, were modified as hereunder:- “Accordingly, the sentence imposed on the revision petitioners is set aside and for the conviction under Section 323 IPC, each of them is sentenced to pay a fine of Rs.1,000/- (Rupees one thousand only) and on default to pay the fine, to suffer simple imprisonment for 15 days, for the conviction under Section 3256 IPC, each of them is sentenced to pay a fine of Rs.5000/- (Rupees five thousand only) and on default to pay the fine, to suffer simple imprisonment for two months. From out of the fine amount, a sum of Rs.8000/- (Rupees eight thousand only) shall be paid to PW1, the injured as compensation under Section 357(1) Cr.P.C. The revision petitioners shall deposit the fine amount before the trial court within one month from today.” Crl.M.C.4142/2008 3 Since while confirming the conviction this Court already modified the sentence imposed on the petitioners as per Annexure III judgment, this Crl.M.C. is liable to be dismissed. There is no merit in this Crl.M.C. and accordingly, in the light of Annexure III, this Crl.M.C. is dismissed. Sd/- C.T.RAVIKUMAR Judge TKS