IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.V.K.BALI WEDNESDAY, THE 29TH NOVEMBER 2006 / 8TH AGRAHAYANA 1928 Crl.Rev.Pet.No. 154 of 1999() ----------------------------- CRA.284/1996 OF I ADDITIONAL SESSIONS COURT, KOZHIKODE CC.123/1993 of CHIEF JUDICIAL MAGISTRATE COURT, KOZHIKODE .................... REVN. PETITIONERS/APPELLANTS/ACCUSED: ------------------------------------------------- 1. UNNI ALIAS ULLAS KUMAR, S/P.PERUMAL, MUTHARAMMALKOVIL VEEDU, KASABA AMSOM DESOM. 2. M.P.GANESAN, S/O.MADHU, MANGAMKOVILAKAM PARAMBA VEEDU,, PANNIANKARA AMSOM, KALLAI. BY ADV. SRI.P.V.KUNHIKRISHNAN SMT.SUMA G. KUMAR RESPONDENT/RESPONDENT/COMPLAINANT: ------------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR MR.P.RAVINDRA BABU THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 29/11/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.Bali,C.J. -------------------------------------- Crl.R.P.No.154 of 1999 -------------------------------------- Dated, this the 29th day of November, 2006 ORDER V.K. Bali, C.J. (Oral): The petitioners have been held guilty under Section 332 read with Section 34 of Indian Penal Code and sentenced to undergo simple imprisonment for one year vide order dated 22nd October, 1996 passed by the Chief Judicial Magistrate, Kozhikode. The appeal carried against the order aforesaid was dismissed by the learned I Additional Sessions Judge, Kozhikode vide order dated 6th August, 1998. It is against these two orders that the present revision has been filed. 2. The allegation against the petitioners is that they voluntarily caused hurt to P.W.1 in discharge of his duty as a public servant and also prevented him from discharging his such duty. 3. Without joining issues on the merits of the case, the learned counsel for the petitioners states that the petitioners have already suffered a protracted trial spanned over a period of more than thirteen years and, therefore, the petitioners may not be sent to serve a jail term at this stage. Crl.R.P.No.154 of 1999 - 2 - 4. Having heard learned counsel for the parties, this Court is of the view that ends of justice would be served if the petitioners, instead of serving the jail term, be asked to pay fine. In the circumstances of the case, thus, the Court orders that the petitioners would pay a fine of Rs.10,000/- (Rupees ten thousand only) each within three months from today and would not serve the jail term at this stage. If the fine amount is realised, it would be made over to the injured public servant Prabhakaran (P.W.1). In case fine is not paid, the petitioners would serve the sentence recorded by the Courts below. The revision stands disposed of with the above modification. V.K.Bali Chief Justice vku/-