IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 28TH MAY 2009 / 7TH JYAISHTA 1931 Crl.Rev.Pet.No.679 of 2000 (B) ------------------------------------ SC.32/1996 of ADDL. ASST. SESSIONS COURT, PARAVUR .................... REVN. PETITIONERS/DE FACTO COMPLAINANT PW1 TO PW4, PW9 & PW11: -------------------------------------------------------------------------------- 1. K.V.XAVIER, S/O VARGHESE, AGED 51 YEARS, KADAMAKKUDY VILLAGE, KANAYANNUR TALUK. 2. K.R.XAVIER, S/O K.C. RAPHEL, AGED 57 YEARS, KADAMAKKUDY VILLAGE, KANAYANNUR TALUK. 3. ANTONY, S/O K.R.JOSEPH, AGED 39 YEARS, KADAMAKKUDY VILLAGE, KANAYANNUR TALUK. 4. ROY K. XAVIER, S/O K.R. XAVIER, AGED 31 YEARS, KADAMAKKUDY VILLAGE, KANAYANNUR TALUK. 5. PRINCE K. XAVIER, S/O K.R.XAVIER, AGED 26 YEARS, KADAMAKKUDY VILLAGE, KANAYANNUR TALUK. 6. MARY, W/O VARGHESE, AGED 69 YEARS, KADAMAKKUDY VILLAGE, KANAYANNUR TALUK. BY ADV. SRI.C.VALSALAN RESPONDENTS/COMPLAINANT & ACCUSED 1 TO 7: ----------------------------------------------------------- 1. THE STATE OF KERALA (IN CRIME NO.123/94 OF VARAPPUZHA POLICE STATION) REP. BY THE PUBLIC PROECUTOR, HIGH COURT OF KERALA, ERNAKULAM. Crl.Rev.Pet.No.679 of 2000 (B) 2 2. LAWARANCE @ BABU, S/O MATHEW, MATTATHIPARAMBIL, CHENNOOR KARA, KADAMAKKUDY VILLAGE. 3. ANTONY @ ANTI, S/O MATHEW, MADATHIPARAMBIL, CHENNOOR KARA, KADAMAKKUDY VILLAGE. 4. RAJEESH, S/O JOSEPH, MADATHIPARAMBIL, CHENNOOR KARA, KADAMAKKUDY VILLAGE. 5. MATHEW @ SHIBU, S/O JOSEPH, MADATHIPARAMBIL, CHENNOOR KARA, KADAMAKKUDY VILLAGE. 6. RAJENDRAN, S/O SREENIVASAN, ANJILIKKAL VEEDU, CHIRAKKAKAM KARA, VARAPPUZHA VILLAGE. 7. BABU @ BABUJI, S/O PARAMU, THOPPILPARAMBIL, CHIRAKKAKOM KARA, VARAPUZHA VILLAGE. 8. BENNY, S/O VARATHAPPAN, INCHAKKADAN VEEDU, CHIRAKKAKOM KARA, VARAPUZHA VILLAGE. ADV. SRI.V.N.ACHUTHA KURUP, SENIOR ADVOCATE FOR R2 TO 6 SRI.B.S.SWATHY KUMAR FOR R2 TO 6 PUBLIC PROSECUTOR SRI.T.J.AMBOOKAN THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 28/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ Crl. R. P. No.679 of 2000 ------------------------------------------------ Dated this the 28th day of May, 2009 ORDER Counsel for the petitioners submits that this revision petition has been filed on behalf of the defacto complainant namely PWs.1 to 4, PW9 and PW.11; that the revision has been filed for enhancement of sentence as against such of the accused who were convicted and sentenced by the court below and canvassing for a conviction of accused Nos.6 and 7 who were acquitted by the court below and that however, it appears that the revision petitioners are not interested in prosecuting the case as none of them have turned up despite his sending six or seven letters and that therefore, this Crl. R.P. be disposed of. 2. I have gone through the judgment of the Sessions Court in S.C.32/96 against which this Crl.R.P is filed. On going through the Crl. R. P. No.679 of 2000 -2- judgment, I do not find any incorrectness, illegality or impropriety in the judgment of the court below either in acquitting accused Nos.6 and 7 or in awarding sentence to accused Nos.1 to 5 who are convicted and sentenced. The court below has awarded sentence in its discretion considering the entire circumstances of the case and that is not liable to be interfered with by this Court in revision. 3. In the result, I dismiss this Crl. R.P. K.P.BALACHANDRAN, JUDGE kns/-