IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 20TH JANUARY 2009 / 30TH POUSHA 1930 Crl.Rev.Pet.No. 3955 of 2008() ------------------------------ CRA.274/2007 of SESSIONS COURT, KOLLAM CC.654/2004 of JUDL.MAGISTRATE OF FIRST CLASS COURT-III, PUNALUR .................... REVN. PETITIONER: APPELLANT/ ACCUSED --------------------------------------- REGHUNATHAN, S/O.THANKAPPAN, SREENARAYANAVILASOM VEEDU, IKKARAKONAM, VALACODE. BY ADV. SRI.M.K.CHANDRAMOHAN DAS RESPONDENT: RESPONDENT/ COMPLAINANT -------------------------------------- THE STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. C.M. NAZAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 20/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR,J. ------------------------------------------------- CRL.R.P.No.3955 OF 2008 -------------------------------------------------- Dated this the 20th day of January, 2009 O R D E R Revision petitioner is the accused in C.C.654 of 2004 on the file of Judicial First Class Magistrate-III, Punalur. Revision petitioner was convicted and sentenced to rigorous imprisonment for one month for the offence under section 341 of Indian Penal Code, rigorous imprisonment for one year and a fine of Rs.10,000/- and in default simple imprisonment for six months for the offence under section 324 of Indian Penal Code. Revision petitioner challenged the conviction before Sessions Court, Kollam in Crl. Appeal 274 of 2007. Learned Sessions Judge on reappreciation of evidence confirmed the conviction and sentence and dismissed the appeal. It is challenged in the revision. 2. Learned counsel appearing for revision petitioner at the time of admission submitted that revision petitioner is suffering from heart ailment and is undergoing treatment in Amritha Hospital and he is not involved in any other offence and CRRP 3955/2008 2 Courts below should have granted the benefit of Probation of Offenders Act. In view of the submission, as the Courts below did not obtain a report from the Probation Officer, a report was called for from District Probation Officer, Kollam. Additional District Probation Officer, Kollam submitted a report dated 14.1.2009 to the effect that revision petitioner is aged 56 years and is from a respectable family and is not involved in any other case and is a heart patient. Considering all the relevant facts Additional District Probation Officer recommended that revision petitioner could be released under section 4(1) of Probation of Offenders Act, 1958. 3. Learned counsel appearing for revision petitioner and the learned Public Prosecutor were heard. 4. Learned Magistrate and learned Sessions Judge appreciated the evidence in the proper perspective. PW2 is the injured and PW3, the Doctor. Evidence of PW3 with Ext.P2 wound certificate corroborated the evidence of PW2, the injured, that revision petitioner inflicted the injury noted by PW3 in Ext.P2 wound certificate with a chopper and PW2 was immediately taken to Government Hospital, Punalur from where CRRP 3955/2008 3 Ext.P2 wound certificate was prepared. The evidence of PW2 as to how he sustained injury was fully corroborated by the evidence of PW1, an eye witness. It is also corroborated by PW4, another occurrence witness. In the light of the evidence, conviction of the revision petitioner for the offences under section 341 and 324 of Indian Penal Code is perfectly legal. 5. Then the only question is regarding the sentence. Learned Sessions Judge did not consider the question whether the revision petitioner could be granted the benefit of Probation of Offenders Act. Learned Magistrate, though considered the question, held that as the injury was inflicted with a hopper, he is not entitled to the benefit of the benevolent provisions of Probation of Offenders Act. 6. The report submitted by the Additional District Probation Officer, Kollam establish that revision petitioner is not involved in any other offence and he could be released under section 4 of Probation of Offenders Act. Under section 4, when any person is found guilty of having committed an offence not punishable with death or imprisonment for life and the Court by which the person is found guilty, is of opinion that having regard CRRP 3955/2008 4 to the circumstances of the case, including the nature of the offence and the character of the offender, it is expedient to release him on probation of good conduct then notwithstanding anything contained in any other law for the time being in force, the Court may, instead of sentencing him at once to any punishment, direct that he be released on his entering into a bond with or without sureties to appear and receive sentence when called upon during such period, not exceeding three years as the Court may direct, and in the meantime to keep the peace and be of good behaviour. Under sub section 2, before making order under sub section 1 the Court shall take into consideration a report from the Probation Officer concerned. Considering the report of the Probation Officer and the fact that revision petitioner is not involved in any other offence and also the fact that revision petitioner is suffering from heart ailment, it is expedient to grant the benefit of Probation of Offenders Act to him. Revision is therefore allowed. Conviction of the revision petitioner for the offence under section 341 and 324 of Indian Penal Code is confirmed. Sentence passed by the learned CRRP 3955/2008 5 Magistrate as confirmed by the learned Sessions Judge is set aside. The compensation directed to be paid by the Courts below to the injured is confirmed and it is to be treated as 5(1)(a) of Probation of Offenders Act. Judicial First Class Magistrate is directed to release revision petitioner under section 4(1) of Probation of Offenders Act on executing bond with a direction for supervision as provided under sub section 3 of section 4 of the Act. Revision petitioner is directed to appear before Judicial First Class Magistrate-III, Punalur on 25.2.2009. M. SASIDHARAN NAMBIAR, JUDGE okb