IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 Crl.Rev.Pet.No. 1353 of 2008() ------------------------------ CRA.102/2000 of ADDL. DISTRICT & SESSIONS COURT, FAST TRACK COURT-I, TRIVANDRUM CC.687/1997 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, ATTINGAL .................... REVN. PETITIONER: APPELLANTS/ACCUSED; 1. SASIDHARAN, S/O.PONNAPPAN ASARI, THITTAYATHUKONAM PARAYILVEEDU, NANNATTUMURI, VEMBAYAM VILLAGE. 2. VIDHYADARAN, S/O.MADHAVA PANICKER, KIDANGUVILAVEEDU, THITTAYATHUKONAM, -DO- VILLAGE. 3. CHANDRAN, S/O.GANGADARAN PILLAI, ANKANAMVILAVEE, -DO-, DESOM. 4. SANTHI ALIAS SUNI, SIVASANKARAPILLA, -DO- VEEDU, -DO- 5. MURALIDHARAN NAIR, S/O.RAMAKRISHNAPILLA, THENGUVILA VEEDU, THITTAYATHUKONAM. 6. GIRISH, S/O.PUZHPANGADAN, THITTAYATHUKONAM, MANDAPAMKUNNU, VEMBAYAM VILLAGE. 7. RAJENDRAN NAIR, S/O.DAMODARAN PILLA, MINIBHAVAN, THITTAYATHUKONAM, VEMBAYAM VILLAGE. 8. JAYAKUMAR, S/O.NEELAKANTAPANICKER, THITTAYATHUKONAM KIZHAKKEVELAVEEDU, -DO- VILLAGE. 9. BAIJU, S/O.KRISHNANKUTTY, ANKANAMVILLAVEEDU, THITTAYATHUKONAM VEMBAYAM VILLAGE. 10. ANILKUMAR, S/O.RAGHAVANPILLA, PANAYILVEEDU, -DO- DESOM. 11. SUNILKUMAR, S/O. RAGHAVANPILLA, PANAYILVEEDU, -DO- DESOm. CRL.R.P.NO. 1353/2008 : 2 : 12. SUNILKUMAR, S/O.SADANANDAN, PARAMBUVILAKATHUVEEDU, -DO- 13. SANTHOSH, S/O.SUKUMARA PANICKER, UNNUKALLILVILAVEEDU, -DO-. 14. SURESHKUMAR, S/O.SRIDHARA PANICKER, ANKANAMVILAVEEDU, -DO-, 15. DAMODARAN PILLA, S/O.VELAYUDHANPILLA, BINDU VILASOM, -DO- DESOM 16. SHIBUKUMAR, S/O.BALAKRISHNA PILLA, KAITHAPANATHU VEEDU, -DO- 17. JAYAKUMAR, S/O.VELAYUDHAN PILLA, CHAYAKADAYIL VEEDU, -DO- 18. SUDARSHANAN, S/O.VASUPILLA, THITTAYATHUKONAMPLAVILAVEEDU, -DO- 19. PRIYAN, S/O.RAJAPPAPANICKER, KIZHAKKEVILAVEEDU, THITTAYATHUKONAM. 20. SURENDRAN, S/O.GOPALAN, THEKKUVILAVEEDU, THITTAYATHUKONAM. 21. SUKUMARAN, S/O.GANGADHARAN PILLA, THITTAYATHUKONAM THADATHARIKATHU VEEDU, VEMBAYAM VILLAGE. (A23) BY ADV. SRI.RENJITH B.MARAR SRI.L.RAJESH NARAYAN SMT.LAKSHMI.N.KAIMAL RESPONDENTS: RESPONDENT/COMPLAINANT: STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SR. P. RAVINDRAN, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 29/05/2008, ALONGWITH CRL.R.P. NOS. 1354, 1603 & 1680 of 2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== Crl.R.P. Nos. 1353, 1680, 1603 & 1354 of 2008 ========================== Dated this the 29th day of May, 2008. ORDER The revision petitioners in Crl.R.P. No. 1353 of 2008 are accused Nos. 1,3 to 6 and 8 to 23 and the petitioners in Crl.R.P. No. 1354 of 2008 are accused Nos. 2 and 7 in C.C. No. 687 of 1997 on the file of the Judicial First Class Magistrate-II, Attingal. The revision petitioners in Crl.R.P. No. 1603 of 2008 are accused Nos. 1 to 15 and 19 to 23 in C.C. No. 689 of 1997 on the file of the aforesaid Magistrate's court. The petitioners in Crl.R.P. No. 1680 of 2008 are accused Nos. 17 and 18 of C.C. No. 689 of 1997 of the said court. 2. The case of the prosecution is that all the 23 accused persons in furtherance of their common object to criminally trespass upon the property possessed by the PW1 situated at Kallikadu in Koliakode village and cut open a road, formed themselves into an unlawful assembly and in a prosecution of the common object of the said assembly, trespassed upon the said property and caused extensive damage to the property. The date of occurrence in C.C. No. 687 of 1997 is 23.07.1997 and the date of occurrence in C.C. No. 689 of 1997 is 21.07.1997. The alleged loss caused on account of the mischief committed in C.C. No. 689 of 1997 has been valued at Crl.R.P. Nos. 1353, 1680, 1603 :2: & 1354 of 2008 Rs.25,000/- and that of C.C. No. 687 of 1997 has been valued at Rs.50,000/-. C.C. Nos. 687 of 1997 and 689 of 1997 were separately tried by the learned Magistrate. In both the cases, the learned Magistrate after trial and after an exhaustive evaluation of the oral and documentary evidence in the case, found the revision petitioners guilty of the offences alleged against them and sentenced each of them to simple imprisonment for six months under Sections 143, 147 and 427 r/w Section 149 IPC and to simple imprisonment for three months under Section 447 r/w Section 149 IPC in each of the cases. 3. On appeal preferred by the revision petitioners before the Sessions Court, Thiruvananthapuram, the Additional Sessions Judge, Fast Track-I, Thiruvananthapuram, as per common judgment dated 11.09.2007, dismissed the appeals confirming the conviction entered and the sentence passed against the revision petitioners. Hence these revisions. 4. Even though the learned counsel appearing for the revision petitioners assailed on various grounds the conviction recorded against the revision petitioners, in as much as the conviction has been recorded after a careful evaluation of the oral and documentary evidence in the case, this Court sitting in revision will be loath to Crl.R.P. Nos. 1353, 1680, 1603 :3: & 1354 of 2008 interfere with the said conviction. Both the courts have carefully evaluated the oral and documentary evidence to record the conviction against the revision petitioners. In the absence of any infirmity in the appreciation of evidence by the courts below, this Court sitting in revision will not interfere with the said conviction much less dislodge the same. Accordingly, the conviction recorded against the revision petitioners is confirmed. 5. What now survives for consideration is 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 petitioners deserve penal servitude by way of incarceration. I am satisfied that an appropriate fine and compensation therefrom to PW1 will meet the ends of justice. Accordingly, the sentence imposed on the revision petitioners is set aside and instead each of them is sentenced to pay a fine of RS.500/- (Rupees five hundred only) each under Sections 143 and 147 r/w Section 149 IPC in each of the two cases. On failure to pay the fine, the defaulting accused shall suffer simple imprisonment for one month. For the conviction under Sections 447 and 427 r/w Section 149 IPC, each of the revision petitioners is sentenced to pay a fine of Rs.1000/- and Rs.2000/- respectively in Crl.R.P. Nos. 1353, 1680, 1603 :4: & 1354 of 2008 each of the cases. On failure to pay the fine, the defaulting accused shall undergo simple imprisonment for two months. The petitioners are given 45 days from today to deposit the fine amount before the trial court. From out of the fine amount, a sum of Rs.65,000/- (Rupees sixty five thousand only) shall be paid to the complainant in C.C. No. 687 of 1997 and a sum of Rs.35,000/- (Rupees thirty five thousand only) shall be paid to the complainant in C.C. No. 689 of 1997 by way of compensation under Section 357(1) Cr.P.C. In the result, these revisions are disposed of confirming the conviction entered but modifying the sentence as above. V. RAMKUMAR, JUDGE. rv Crl.R.P. Nos. 1353, 1680, 1603 :5: & 1354 of 2008