IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 17TH JULY 2008 / 26TH ASHADHA 1930 Crl.Rev.Pet.No. 4026 of 2007() ------------------------------ CRA.238/2002 of ADDL. SESSIONS COURT (ADHOC-I), THALASSERY CC.195/2000 of CHIEF JUDITIAL MAGISTRATE COURT, THALASSERY .................... REVN. PETITIONER: APPELLANT/ACCUSED: ------------------------------------------------ HAREENDRAN, S/O.KUNHIRAMAN, AGED 37 YEARS, NELLITHARAMMEL, CENTRAL POYILUR, NELLITHARA. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENTS: RESPONDENT/COMPLAINANT: ---------------------------------------------------- STATE OF KERALA REPRESENTED BY STATION HOUSE OFFICER, KOLAVALLUR, KANNUR, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. C.M. NAZER, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 17/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.R.P.NO. 4026/2007 : 2 : ORDER ON Crl.M.A. NO. 11813/2007 IN CRL.R.P.NO. 4026/2007 DISMISSED 17.07.2008 sd/- V. RAMKUMAR, JUDGE. V. RAMKUMAR, J. =================== Crl.R.P. No. 4026 of 2007 ==================== Dated this the 17th day of July, 2008. O R D E R The revision petitioner who was the accused in C.C. No.195 of 2000 on the file of the Chief Judicial Magistrate, Thalassery for an offence punishable under Section 326 IPC, challenges the conviction entered and the sentence passed against him for the said offence. 2. The case of the prosecution as unravelled by the evidence can be summarised as follows: On 23.06.2000, at about 5.45 p.m., at Nellithara by the side of Pullanithodu-Kayamkulam road in Thripangottoor amsom, Poyiloor desom, while PW1 was returning to his house after doing the mason work, the accused who was standing by the side of the said road, threatened PW1 by shouting at him that PW1 should not have the feeling that he was let free by the accused. So saying, the accused set upon him with a billhook in his hand and stabbed PW1 on the left shoulder which was resisted by PW1 by using his right hand. The accused again stabbed PW1 on the CRL.R.P. NO. 4026/2007 :2: right shoulder. Hearing the hue and cry of PW1, PWs 3 and 4 who were near the scene rushed to the spot. Seeing the approaching witnesses, the accused ran away from the spot with the billhook in his hand. PW1 was rushed to the Co-Operative Hospital, Thalassery where he was examined by PW5, the doctor who issued Ext.P2 wound certificate which showed the following injuries. i. Lacerated wound penetrating type of deep wound 10 cm x 4 cm on the posterior aspect of left shoulder with fresh bleeding. ii. Lacerated wound on the anterior lateral aspect of right upper arm with bleeding 4 cm x 2 cm size. iii. Lacerated wound on the right thumb. iv. Lacerated wound on the right upper arm 4 cm long. v. lacerated wound beginning from the lateral aspect of the left clavicle extending vertically down for about 10 cm. 3. On the accused pleading not guilty to the charge framed against him by the trial court for the aforementioned offences, the prosecution was permitted to adduce evidence in support of its case. The prosecution altogether examined 9 CRL.R.P. NO. 4026/2007 :3: witnesses as PWs 1 to 9 and got marked 5 documents as Exts. P1 to P5. 4. After the close of the prosecution evidence, the accused was questioned under Section 313 (1)(b) Cr.P.C. with regard to the incriminating circumstances appearing against him in the evidence for the prosecution. He denied those circumstances and maintained his innocence. He did not adduce any defence evidence when called upon to do so. 5. The learned Magistrate, after trial, as per judgment dated 17.05.2002 found the revision petitioner guilty of the offences and sentenced him to rigorous imprisonment for three years under Section 326 IPC and also directed him to pay a sum of Rs.10,000/- as compensation under Section 357(3) Cr.P.C to PW1. On appeal preferred by the revision petitioner as Crl. Appeal No. 238 of 2002 before the Sessions Court, Thalassery, the Additional Sessions Judge as per judgment dated 04.08.2007 confirmed the conviction entered but modified the sentence by reducing the rigorous imprisonment to one year and enhancing the compensation to Rs.25,000/-. Hence, this Revision. CRL.R.P. NO. 4026/2007 :4: 6. Even though the learned counsel appearing for the revision petitioner assailed on various grounds the conviction entered against the revision petitioner, 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 petitioner. Having regard to the facts and circumstances of the case, I do not think that the revision petitioner deserves 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 petitioner is set aside and instead he is sentenced to the imprisonment already undergone by him and to pay a sum of Rs.35,000/- (Rupees thirty five thousand only) as compensation under Section 357(3) Cr.P.C to PW1. On failure to pay the CRL.R.P. NO. 4026/2007 :5: compensation, he shall undergo simple imprisonment for four months. The petitioner shall deposit the compensation amount before the trial court within two months from today. Money, if any, deposited by the revision petitioner before the trial court shall be adjusted towards the sum of Rs.35,000/- to be deposited and such money in deposit shall also be paid to PW1. In the result, this Revision is disposed of confirming the conviction entered but modifying the sentence imposed as above. Dated this the 17th day of July, 2008. V.RAMKUMAR, JUDGE. rv