IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 7TH DECEMBER 2009 / 16TH AGRAHAYANA 1931 Crl.Rev.Pet.No. 1552 of 2002() ------------------------------ CRA.360/2000 of III ADDL. SESSIONS COURT (ADHOC), FAST TRACK - I, THRISSUR CC.641/1997 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, THRISSUR .................... REVN. PETITIONER(S): APPELLANTS/ACCUSED: ---------------------------------------- 1. RAMESH, S/O. KONU VASU, NEDUPUZHA DESOM, KANIMANGALAM. 2. BIJU, S/O. VENDARE RAGHAVAN, NEDUPUZHA DESOM, KANIMANGALAM. 3. SANTHOSH, S/O. THEKKERI THILAKAN, NEDUPUZHA DESOM, KANIMANGALAM. 4. SURESH, S/O. THEKKERI THILAKAN, NEDUPLUZHA DESOM, KANIMANGALAM. 5. SAJEEV, S/O. KOCHATHIRI VELAYUDHAN, NEDUPUZHA DESOM, KANIMANGALAM. 6. SHAJI, S/O. MELAPURA SANKU, NEDUPUZHA DESOM, KANIMANGALAM. 7. SHAJI, S/O. VENDARA MADHAVAN, NEAR RC CHURCH, NEDUPUZHA DESOM, KANIMANGALAM. 8. SURESH, S/O. PONMARI SANKU, NEDULPUZHA DESOM, KANIMANGALAM. 9. SUNIL, S/O. PUNNA KOCHUNNI, NEDUPUZHA DESOM, KANIMANGALAM. 10. SANTHOSH, S/O. MULLANIKKAL, KARANCHIRA VASU, NEDUPUZHA DESOM, KANIMANGALAM. 11. SASI, S/O. PALA KARAPPAN, NEDUPUZHA DESOM, KANIMANGALAM. BY ADV. SRI.P.K.ASHOKAN CRRP.NO.1552/02 RESPONDENT(S): RESPONDENT/COMPLAINANT: -------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.C.M.KAMMAPPU THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 07/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.Q.BARKATH ALI, J. - - - - - - - - - - - - - - - - - - - - - Crl.R.P.No.1552 OF 2002 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of December, 2009 ORDER Revision petitioners 1 to 11 are the accused persons in C.C.No.641/1997 on the file of Judicial First Class Magistrate Court II, Thrissur and appellants in Crl.Appeal No.360/2000 of III Additional Sessions Judge ( Adhoc) Fast Track Court I, Thrissur. They were convicted under Sections 143, 147, 148, 452, 427 read with Section 149 of IPC and Section 3(1) and 3(2)(a) of P.D.P.P.Act 1984. They were sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs.1,000/- each, in default to undergo simple imprisonment for one month each under Section 3(1) and 3(2)(a) of P.D.P.P.Act , to undergo rigorous imprisonment for six months each under Section 452 of IPC , to undergo rigorous imprisonment for three months each under Section 427 IPC. No separate sentence was awarded for other offences. Out of the fine amount, Rs. 2,000/- was directed to be paid to PW1 and Rs. 1,000/- to PW3 and Rs. 2,500/- to Panchayat Authorities as compensation as provided under Section 357 Crl.R.P.No.1552/02 Page numbers (1) Cr.P.C. The conviction and sentence of the revision petitioners are confirmed in appeal. 2. The case of the prosecution as shaped in evidence before the trial court was that on September 16, 1997 at about 11.00 p.m. the accused persons formed themselves into an unlawful assembly at Nedupuzha and in prosecution of the common object of that assembly, armed with deadly weapons entered into the house of the complainant and destroyed the articles therein causing loss of Rs. 1500/- to him and also destroyed the windows attached to the shop of PW3 causing loss of Rs. 500/- to him and also destroyed the public tap situated in the Panchayat road and that thereby committed the offences punishable under Sections 143, 147, 148, 452, 427 read with Section 149 of IPC and Section 3(1) and 3(2)(a) of P.D.P.P.Act 1984. 3. The accused persons on appearance before the trial court pleaded not guilty to a charge under Sections 143, 147, 148, 452, 427 read with Section 149 of IPC and Section 3(1) and 3(2)(a) of P.D.P.P.Act 1984 . PWs 1 to 10 were examined and Exts.P1 to P5 were marked on the side of the prosecution. When questioned under Section 313 Cr.P.C., the accused persons denied the entire incident. Crl.R.P.No.1552/02 Page numbers No defence evidence was adduced. 4. The trial court on an appreciation of evidence found the revision petitioners guilty of the offences punishable under Sections 143, 147, 148, 452, 427 read with Section 149 of IPC and Section 3(1) and 3(2)(a) of P.D.P.P.Act 1984, convicted them thereunder and sentenced them as aforesaid. Now the accused persons have come up in revision challenging their conviction and sentence. 5. When the revision petition came up for hearing today, accused persons and PW1 and PW3 filed a compounding petition seeking permission to compound the offences punishable under Sections 452 and 427 of IPC which was allowed by me. As the offenes under Section 452 and 427 of IPC are compounded, accused persons are acquitted of the said offences. The accused persons are also charged under Section 3(1) and 3(2) (a) of P.D.P.P. Act. They were sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1,000/- each in default, to undergo simple imprisonment for one month each by the trial court which is confirmed in appeal. 6. As the offences under Section 452 and 427 are Crl.R.P.No.1552/02 Page numbers compounded and as the property to which they have caused damage is a public tap situated on the side of the road, I feel that a sentence of imprisonment till the rising of court and to pay a fine of Rs. 500/- each would meet the ends of justice. In the result, revision petition is allowed in part. As the offences under Sections 452 and 427 of IPC are compounded, revision petitioners are acquitted of the said offences under Section 320 of Cr.P.C. The sentence imposed under Section 3(1) and 3(2) of P.D.P.P. Act is modified to the effect that they are sentenced to undergo imprisonment till the rising of court and to pay a fine of Rs. 500/- each, in default, to undergo simple imprisonment for one week each. The revision petitioners shall surrender before the trial court on or before 30-12-2009 to receive the sentence. Time is granted upto 30-12-2009 to pay the fine amount. Fine amount, if realised, shall be paid to the Panchayat Authorities. Their bail bonds are cancelled. P.Q.BARKATH ALI JUDGE sv. Crl.R.P.No.1552/02 Page numbers