IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 3RD DECEMBER 2010 / 12TH AGRAHAYANA 1932 Crl.Rev.Pet.No. 3434 of 2010() ------------------------------------ CRA.573/2008 of SESSIONS COURT, KOLLAM CC.793/2004 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOLLAM .................... REVN. PETITIONER(S): APPELLANTS/ACCUSED ------------------------------------------------------ 1. ASHAREF @ SHEREEF, S/O.POOKUNJU, SAJEENA MANZIL, PERUMANATHODIYIL, ERAVIPURAM, KOLLAM - A1 2. BINU, S/O.VELUPILLAI, POCHAPPALLY VEEDU, THEJUS NAGAR - 180, ERAVIPURAM, KOLLAM - A2. BY ADVS. SRI.M.SHAHEED AHMAD SRI.M.RISHIKESH SHENOY RESPONDENT(S): RESPONDENT/COMPLAINANT ------------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.V.TEK CHAND THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 03/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs/ V. RAMKUMAR, J. ================ Crl.R.P. No. 3434 of 2010 =============== Dated this the 3rd day of December, 2010. O R D E R In this revision filed under Sec. 397 read with Sec. 401 Cr.P.C. petitioners who are the accused in C.C. No.793 of 2004 on the file of the Judicial First Class Magistrate -II, Kollam for offences punishable under Sections 452, 324 and 427 read with Section 34 I.P.C., challenge the conviction entered and the sentence passed against them for offences punishable under Sections 452, 324 and 427 read with Section 34 I.P.C. 2. The case of the prosecution can be summarised as follows: On 04.03.2009, at about 9 p.m., accused Nos. 1 and 2 in prosecution of the common intention to cause hurt to PW1 went to his tea shop near Triveni Junction at Kollam. A1 beat PW1 with an iron rod on the left forehead causing lacerated injury. Seeing this when PW2, another customer of PW1 interfered, A2 hit him with his bare hand. The accused persons also destroyed the almirah, glasses, chairs etc. causing mischief to the tune of Rs.2000/-. Crl.R.P. No. 3434/2010 -:2:- 3. On the accused pleading not guilty to the charge framed against them 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 P.Ws 1 to 7 and got marked 4 documents as Exts. P1 to P4. 4. After the close of the prosecution evidence, the accused were questioned under Sec. 313 (1)(b) Cr.P.C. with regard to the incriminating circumstances appearing against them in the evidence for the prosecution. They denied those circumstances and maintained their innocence. They did not adduce any defence evidence when called upon to do so. 5. The learned Magistrate, after trial, as per judgment dated 29.11.2008 found the revision petitioners guilty of the offences punishable under Sections 452, 324 and 427 read with Section 34 I.P.C and sentenced A1 to undergo simple imprisonment for 1 ½ years and to pay a fine of Rs.1000/- under Section 452 I.P.C and on default to pay the fine, to undergo simple imprisonment for 30 days, simple imprisonment for one year under Section one year under Section 324 IPC and to Crl.R.P. No. 3434/2010 -:3:- undergo simple imprisonment for two months under Section 427 IPC. A2 is sentenced to undergo simple imprisonment for six months and to pay a fine of Rs.500/- under Section 452 IPC and on default to pay the fine, to undergo simple imprisonment for two days, to undergo simple imprisonment for three months under Section 324 IPC and to undergo simple imprisonment for 10 days under Section 427 IPC. On appeal preferred by the revision petitioner before the Sessions Court, Kollam, the lower appellate court as per judgment dated 30.06.2010 confirmed the conviction entered and the sentence passed against the 2nd accused and modified the sentence imposed on the first accused. Hence, this Revision. 6. Eventhough the learned counsel appearing for the revision petitioners assailed on various grounds the conviction entered against the revision petitioners, 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. Crl.R.P. No. 3434/2010 -:4:- 7. What now survives for consideration is the question regarding the adequacy or otherwise of the sentence imposed on the revision petitioners. Having regard to the facts and circumstances of the case, I do not think that the revision petitioners deserve 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, for the conviction under Section 452 IPC., each of the petitioners is sentenced to imprisonment till the rising of the court and to pay a fine of Rs.3000/- (Rupees three thousand only) and on default to pay the fine, to suffer simple imprisonment for one month. For their conviction under Section 324 IPC, each of the petitioners is sentenced to imprisonment till the rising of the court and to pay a fine of Rs.4000/- (Rupees four thousand only) and on default to pay the fine, to suffer simple imprisonment for one month. For their conviction under Section 427 I.P.C., each of the petitioners is sentenced to pay a fine of Rs.2000/- (Rupees two thousand only) and on default to pay the fine, to suffer simple imprisonment for 20 days. From out of the fine amount, a sum of Rs.6000/- Crl.R.P. No. 3434/2010 -:5:- (Rupees six thousand only) shall be paid to PW1 by way of compensation under Section 357(1)(b) Cr.P.C. Petitioners are given 45 days from today to deposit the fine amount. 8. The 2nd petitioner who is now in custody for three weeks shall be released forthwith unless his continued detention is found necessary in connection with any other case. In the result, this Revision is disposed of confirming the conviction entered but modifying the sentence imposed as above. V.RAMKUMAR, JUDGE. rv