IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 22ND DECEMBER 2010 / 1ST POUSHA 1932 Crl.Rev.Pet.No. 3881 of 2010() ------------------------------------------- CRA. 594/2007 OF ADDL. DISTRICT & SESSIONS COURT, VADAKARA. CC. 880/2004 OF JUDICIAL FIRST CLASS MAGISTRATE COURT I, VATAKARA. ........... REVN. PETITIONER(S): APPELLANTS/ACCUSED NOS. 1 TO 4. --------------------------------------------------------------------------------------- 1. M.ASOKAN, S/O. BAPU, MANGOTT HOUSE, MANTHARATHUR AMSOM, MUDAPILAVIL. 2. M.VINU, S/O. POKKAN, MANGOTT HOUSE, MANTHARATHUR, MUDAPILAVIL. 3. M.BIJITH, S/O. KUNHIKANNA, MANOJ BHAVAN, MANTHARATHUR, MUDAPILAVIL. 4. SHAJI, S/O. KELAPPAN, AYANIKKAD THAZHEKUNIYIL HOUSE, MANTHARATHUR, MUDAPILAVIL. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): RESPONDENT/COMPLAINANT ---------------------------------------------------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, VADAKARA POLICE STATION, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSSION ON 22/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V. RAMKUMAR, J. = = = = = = = = = = = = Crl.R.P.No.3881 of 2010 = == = = = = = = = = = == Dated this the 22 nd day of December, 2010 O R D E R In this revision filed under Sec. 397 read with Sec. 401 Cr.P.C. the petitioners who are the accused Nos.1 to 4 in C.C. No.880/2004 on the file of the J.F.C.M, Vatakara for offences punishable under Sections 143,147,148,323 and 324 read with 149 IPC, challenge the conviction entered and the sentence passed against them. 2. The case of the prosecution can be summarised as follows: On 13.12.2003 at 8 p.m, while PW1 was walking along the Bank road at Mantharathur Amsom, the accused persons formed themselves into an unlawful assembly and committed rioting armed with iron rod and restrained PW1 on the public road. A1 and A3 beat him using iron rod and others beat him with bare hands and kicked him causing hurt on his forehead and other parts of the body. 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 9 Crl.R.P.No.3881/2010 -:2:- witnesses as P.Ws 1 to 9 and got marked 7 documents as Exts. P1 to P7 and one material object as MO1 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 28.06.2007 found the revision petitioners guilty of the offences punishable under Sections 143,147,148,323 and 324 read with 149 IPC. and sentenced accused Nos.1 and 4 to undergo simple imprisonment for two months for offence under Section 143 IPC , simple imprisonment for three months for offence under Section 147 IPC, simple imprisonment for six months each for offence under Section 148 IPC and 324 read with 149 IPC and to pay a fine of `200/- each for offence punishable under Section 324 IPC. Accused Nos.2 and 3 were sentenced to undergo simple imprisonment for two months each for offence under Section 143 IPC and three months simple Crl.R.P.No.3881/2010 -:3:- imprisonment each for offence under Section 147 IPC and simple imprisonment for four months for offence under Section 323 read with 149 IPC and also to pay a fine of `1,000/- each for offence punishable under Section 323 IPC. Out of the fine amount recovered, half of the same was directed to be given to PW1 under Section 357(1)(b) Cr.P.C and on default to pay the fine to suffer simple imprisonment for two months. On appeal preferred by the revision petitioners before the Addl. Sessions Court, Vadakara, the lower appellate court as per judgment dated 6.11.2010 confirmed the conviction entered and the sentence passed against the revision petitioners. 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.3881/2010 -: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, the sentence imposed on the revision petitioners is set aside. For their conviction under Sections 143 and 147 IPC each of the petitioners is sentenced to a fine of `500/-(Rupees five hundred only) and on default to pay the fine to suffer simple imprisonment for 5 days. For each of their conviction under Section 148 and 324 IPC each of the petitioners is sentenced to imprisonment till the rising of the Court and to pay a fine of `5,000/-(Rupees five thousand only) and on default to pay the fine to suffer simple imprisonment for one month. From out of the fine amount a sum of `35,000/-(Rupees thirty five thousand only) shall be paid to PW1/the injured as compensation. Petitioners are given 45 days time from today to deposit the said fine amount. Crl.R.P.No.3881/2010 -:5:- In the result, this Revision is disposed of confirming the conviction entered but modifying the sentence imposed as above. Dated this the 22 nd day of December, 2010. V.Ramkumar, Judge. sj