IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 16TH JULY 2008 / 25TH ASHADHA 1930 Crl.Rev.Pet.No. 2357 of 2008() ------------------------------ CRA.287/2006 of ADDL. DISTRICT & SESSIONS COURT, FAST TRACK COURT-I, TRIVANDRUM CC.238/2000 of JUDL. MAGISTRATE OF FIRST CLASS COURT-III, TRIVANDRUM .................... REVN. PETITIONERS/ ACCUSED NOS. 1 &2: ------------------------------------------------ 1. ASOKAN @ MONDI ASOKAN, AGED 27, S/O. GOPALAKRISHNAN NAIR, KANNETTUKONAM, PANGAPPARA VILLAGE. 2. AJITH KUMAR, AGED 31, S/O. CHELLAPPAN PILLAI, KANNETTUKONATHU VEEDU, MANKUZHI, PANGAPPARA VILLAGE. BY ADV. SRI.B.RAMAN PILLAI SRI.R.ANIL SRI.ANIL K.MOHAMMED SRI.SUJESH MENON V.B. SRI.JOSEPH P.ALEX RESPONDENT: ---------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. P. RAVINDRA BABU, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 16/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =================== Crl.R.P. No. 2357 of 2008 ==================== Dated this the 16th day of July, 2008. O R D E R In this revision filed under Section 397 read with Section 401 Cr.P.C., the petitioners who are the accused Nos. 1 and 2 in C.C. No.238 of 2000 on the file of the Judicial First Class Magistrate-III, Thiruvananthapuram for offences punishable under Sections 143, 147, 148, 427 and 324 r/w Section 149 IPC, challenge the conviction entered and the sentence passed against them concurrently by the courts below for the aforementioned offences. 2. The case of the prosecution can be summarised as follows: On 08.11.1999, at about 8.30 p.m., at Murukkumpuzha junction near the pathway towards Kannettukonam, in front of Preethi Bhavan house bearing No. S.P.3/113, the 7 accused persons formed themselves into an unlawful assembly and in prosecution of the common object of the said assembly, they committed rioting armed with deadly weapons like swords etc. and committed mischief by pelting stones at the tiles and the glasses of the said house causing a loss to the tune of Rs.10,000/- to PW1. Seeing the act of the accused, when PW1 came out of the house, A1 voluntarily caused hurt to the CRL.R.P. NO. 2357 of 2008 :2: PW1 by inflicting a cut injury by means of sword. A2 voluntarily caused hurt to PW2 by cutting with a sword. The accused have thereby committed the aforementioned offences. 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 6 witnesses as PWs 1 to 6 and got marked 4 documents as Exts. P1 to P4. 4. After the close of the prosecution evidence, the accused were questioned under Section 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 25.03.2006 found the revision petitioners guilty of the offences and sentenced each of them to simple imprisonment for six months under Section 143 IPC and simple imprisonment for one year for each of the offences punishable under Sections 147, 148, 427 and 324 r/w Section 149 IPC and to pay a fine of Rs.2000/- each and on default to pay the CRL.R.P. NO. 2357 of 2008 :3: fine, to suffer simple imprisonment for three months for offences under Sections 427 and 324 IPC. From out of the fine amount, a sum of Rs.15,000/- was directed to be given to PW1 and Rs.5000/- was directed to be given to PW2 by way of compensation. On appeal preferred by the revision petitioners as Crl. Appeal No. 287 of 2006 and the rest of the accused as Crl. Appeal No. 334 of 2006 before the Sessions Court, Thiruvananthapuram, the Additional Sessions Judge as per judgment dated 03.05.2008 acquitted accused Nos. 3 to 7 of all the offences, but confirmed the conviction entered and the sentence passed against the revision petitioners. Hence, this Revision. 6. Even though 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. 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 CRL.R.P. NO. 2357 of 2008 :4: 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 and instead each of the revision petitioners is sentenced to pay a fine of Rs.1000/- (Rupees one thousand only) under Sections 143 and 149 IPC each and on default to pay the fine, to suffer simple imprisonment for one month. For their conviction under Section 147 IPC, each of them 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 one month. For their conviction under Sections 148 and 324 IPC, each of the revision petitioners is sentenced to pay a fine of Rs.3000/- (Rupees three thousand only) each and on default to pay the fine, to suffer simple imprisonment for three months. For their conviction under Section 427 IPC, each of the revision petitioners is sentenced to pay a fine of Rs.5,000/- (Rupees five thousand only) and on default to pay the fine, to suffer simple imprisonment for four months. From out of the fine amount, a sum of Rs.20,000/- (Rupees twenty thousand only) shall be paid to PW1 as compensation under Section 357(1) Cr.P.C. A sum of CRL.R.P. NO. 2357 of 2008 :5: Rs.8000/- shall be paid to PW2 as compensation under Section 357(1) Cr.P.C. The petitioners are given two months time from today to deposit the fine before the trial court. In the result, this Revision is disposed of confirming the conviction entered but modifying the sentence imposed as above. Dated this the 16th day of July, 2008. V.RAMKUMAR, JUDGE. rv