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.1697 of 2002 (B) ------------------------------------- CC.796/1991 of JUDL.MAGISTRATE OF FIRST CLASS-I, KARUNAGAPPALLY CRA.18/1999 of II ADDL.SESSIONS COURT, KOLLAM .................... REVN. PETITIONERS: APPELLANTS/ACCUSED 2 TO 7: -------------------------------------------------------------- 1. BABURAJ, S/O. RAGHAVAN, VENGAPADEETTATHIL, KADATHOOR MURI, THAZHAVA VILLAGE. 2. BABY, S/O. RAGHAVAN, VENGAPADEETTATHIL, KADATHOOR MURI, THAZHAVA VILLAGE. 3. RAJU, S/O. KUNJU KUNJU, VENGAPADEETTATHIL, KADATHOOR MURI, THAZHAVA VILLAGE. 4. PRASANNAN, S/O. NEELAMBARAN, KULATHINTAYYATHU KIZHAKKATHIL, KADATHOOR MURI, THAZHAVA VILLAGE. 5. SATHEESAN, S/O. BHARGAVAN, SARASWATHI MANDIRAM KNOWN AS KOTTIVADAKKATHIL, KADATHOOR MURI, THAZHAVA VILLAGE. 6. VASUDEVAN, S/O. RAGHAVAN, KOLEPPALLIL VEEDU, KADATHOOR MURI, THAZHAVA VILLAGE. BY ADV. SRI.P.VIJAYA BHANU SRI.P.M.RAFIQ Crl.Rev.Pet.No.1697 of 2002 (B) -2- RESPONDENT: RESPONDENT/COMPLAINANT: ----------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 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.1697 of 2002 ------------------------------------------------ Dated this the 28th day of May, 2009 ORDER Accused Nos.2 and 7 in Crime No.166/91 of Oachira Police Station who were charge sheeted for offence under Sections 143, 147, 447, 427, 149 and 506(1) IPC and who were convicted for offence under Sections 143, 447, 427 and 506 (1) IPC and sentenced to R.I. for one month each under Section 143 and 447 IPC and to R.I. for six months each under Sections 427 and 506 (1) IPC with benefit of concurrency are the petitioners, the conviction and sentence passed against them by the learned Magistrate having been confirmed also by the Sessions Court, Kollam in Criminal Appeal No.18/99. 2. It is contended by the learned counsel for the petitioners that though there are circumstances emanating from the totality of the evidence and the circumstances available Crl. R. P. No.1697 of 2002 -2- in the case which would exonerate the petitioners from the guilt, she would canvass only for the conversion of the sentence into one of fine and submits that the petitioners were all in their twenties at the time of the occurrence in 1991; that the occurrence has taken place on a bandh day on account of political animosity and after 17 years of the occurrence the petitioners are settled in life with no politics and there is no ill-will or animosity subsisting between the witnesses and the petitioners and that therefore, as a gesture of mercy to enable the petitioners to be good citizens hereafter the sentences awarded to them be converted to fine as the petitioners are not habitual offenders nor is there any other case against them. 3. Considering the entire circumstances of the case, I am of the view that this is a case wherein this Court would be justified in Crl. R. P. No.1697 of 2002 -3- converting the sentence of imprisonment to one of fine. 4. In the result, while confirming the concurrent conviction of the petitioners for offence under Sections 143, 447, 427 and 506 (1) IPC read with Section 149 thereof, I set aside the sentence of imprisonment awarded to the petitioners and impose a sentence of fine of Rs.500/- each for offences under Sections 143 and 447 IPC and a fine of Rs.2,000/- each for offences under Sections 447 and 427 IPC on each of the petitioners. They shall pay the fine and report the matter before the concerned Magistrate positively within one month from today. In case of default they are to suffer simple imprisonment for one month each for offences under Sections 143 and 447 IPC and simple imprisonment of six months each for offences under Sections 427 and 506(1) IPC and to suffer the said sentence they shall Crl. R. P. No.1697 of 2002 -4- surrender before the concerned Magistrate positively on 30/06/09. 5. The revision is thus, allowed in part altering the sentence. K.P.BALACHANDRAN, JUDGE kns/-