IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 25TH FEBRUARY 2010 / 6TH PHALGUNA 1931 Crl.Rev.Pet.No. 634 of 2010() ----------------------------- CRA.413/2007 of ADDL. DISTRICT & SESSIONS COURT, VADAKARA CC.545/2004 of JUDL.MAGISTRATE OF FIRST CLASS, VADAKARA .................... REVN. PETITIONERS/APPELLANTS/ACCUSED:- -------------------------------------------------- 1. MANOJ,S/O.CHATHU,KUTIKATTIL HOUSE, PONMERI AMSOM, PARAMBIL DESOM,KOZHIKODE DISTRICT. 2. PRABHEESH,S/O.NARAYANAN, IDANGADU HOUSE,PONMERI AMSOM,PARAMBIL DESOM, KOZHIKODE DISTRICT. 3. BABU,S/O.KANARAN,AROOR MALAYIL HOUSE, PONMERI AMSOM,PARAMBIL DESOM,KOZHIKODE DISRICT. 4. KUNHIRAMAN,S/O.KANNAN,MALAYIL HOUSE, PONMERI AMSOM,PARAMBIL DESOM,KOZHIKODE DISTRICT. BY ADV. MR. JACOB ABRAHAM MS. KOCHUMOL KODUVATH RESPONDENT/RESPONDENT/COMPLAINANT:- --------------------------------------------------- S.H.O,VADAKKARA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. ADV. MR. C.M. NAZER, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 25/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =================== Crl.R.P. No. 634 of 2010 =================== Dated this the 25th day of February, 2010. O R D E R In this revision filed under Section 397 read with Sec. 401 Cr.P.C. the revision petitioners who were accused Nos. 1 to 4 in C.C. No. 545 of 2004 on the file of the Judicial First Class Magistrate, Vadakara for offences punishable under Sections 143, 147, 148, 323 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 14.03.2003, at 7 p.m., the four accused persons along with others formed themselves into an unlawful assembly with the common object of voluntarily causing hurt to PW1 with deadly weapons for PW1 having petitioned the police against one Balan. Accordingly, the members of the said unlawful assembly committed rioting armed with deadly weapons like sickle, Crl.R.P. No. 634/2010 -:2:- chopper, stick etc. in Ayancheri Amsom, Ponmeri Parambil Desom and in prosecution of the common object of the said assembly, A1 beat PW1 on his chest using a stick and caught hold of his neck, A2 inflicted an injury on his head using a sickle. A3 beat him on his left thigh with a barbed stick and A4 beat him with a stick and some others in the company of A1 to A4 also beat him with stick and the handle of an axe. The accused persons have thereby committed the aforesaid 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 8 witnesses as P.Ws 1 to 8 and got marked 4 documents as Exts. P1 to P4. 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 Crl.R.P. No. 634/2010 -:3:- adduce any defence evidence when called upon to do so. 5. The learned Magistrate, after trial, as per judgment dated 05.05.2007 found the revision petitioners guilty of the offences and sentenced them to various imprisonment as well as fine with proper default sentence. On appeal preferred by them as Crl. Appeal No. 413 of 2007 before the Sessions Court, Vadakara, the learned Addl. Sessions Judge as per judgment dated 31.10.2009 dismissed the appeal confirming the conviction entered and the sentence passed against them. 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 Crl.R.P. No. 634/2010 -:4:- 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, for their conviction under Section 323 IPC, each of the revision petitioners is sentenced to pay a fine of Rs.500/- (Rupees five hundred only) and on default to pay the fine, to suffer simple imprisonment for 10 days, for their conviction under Sections 143 and 147 IPC, each of them is sentenced to pay a fine of Rs.500/- each and on default to pay the fine, to suffer simple imprisonment for 10 days. For their conviction under Section 148 IPC, each of the revision petitioners is sentenced to pay a fine of Rs.1000/- (Rupees one thousand only) and on default to pay the fine, to suffer simple imprisonment for 20 days and for their conviction under Section 324 IPC, each of them is sentenced to imprisonment till the rising of the court and to pay a fine of Rs.3000/- (Rupees three thousand only) and on default to pay the fine, to suffer simple Crl.R.P. No. 634/2010 -:5:- imprisonment for one month. From out of the fine amount as and when realised, a sum of Rs.3000 (Rupees three thousand only) each shall be paid by the revision petitioners to PW1, the injured as compensation under Section 357(1)(b) Cr.P.C. The petitioners are given one month's time to deposit the fine amount before the trial court. They shall report before the trial court on 29.03.2010 to receive the sentence of imprisonment till the rising of the court. In the result, this Revision is disposed of confirming the conviction entered but modifying the sentence imposed as above. Dated this the 25th day of February, 2010. V.RAMKUMAR, JUDGE. rv