IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 23RD DECEMBER 2009 / 2ND POUSHA 1931 Crl.Rev.Pet.No. 4039 of 2009() ------------------------------ CRA.466/2003 of ADDL. SESSIONS COURT-II, MAVELIKKARA CC.284/2000 of JUDL.MAGISTRATE OF FIRST CLASS, MAVELIKKARA .................... REVN. PETITIONER: --------------------- PURUSHOTHAMAN S/O.CHANDRAN, THADATHIL KIZHAKKETHIL VEEDU, KUDASSANADU MURI, PALAMEL VILLAGE BY ADV. SRI.VINCENT JOSEPH RESPONDENT: --------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.RITHWIK THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 23 /12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S.GOPINATHAN, J. = = = = = = = = = = = = = Crl.R.P.No.4039 of 2009. = = = = = = = = = = = = = Dated this the 23rd day of December, 2009. O R D E R As against the concurrent finding of conviction for offence under Section 324 I.P.C. in C.C.No.284 of 2000 on the file of the Judicial Magistrate of the First Class, Mavelikkara which was confirmed in Criminal Appeal No.466 of 2003, the first accused has come up in revision. The learned counsel for the revision petitioner submitted that he is not assailing the conviction and that sentence alone is assailed. It is submitted that the revision petitioner had been undergoing sentence since 17/8/2009 on which day he was committed to the Central Prison, Thiruvananthapuram and that now he had undergone imprisonment for four months and one week and that he belongs to the lower strata of the society and that having taken into account of the sentence already undergone the substantial sentence may be reduced. Crl.R.P.No.4039 of 2009. 2 2. Having heard the learned counsel for the revision petitioner and public prosecutor and perusing the judgments of the courts below, and taking note that the injury sustained was small incised wound at the left side of the forehead skin deep 4 x 0.5 cms I find that the sentence already undergone would be sufficient towards the substantive sentence. In the result, this revision petition is allowed in part. While confirming the conviction, the substantive sentence is reduced to simple imprisonment of four months and a week already undergone. The revision petitioner shall be released forthwith. The revision petitioner is granted two months time to remit the fine, failing which he shall undergo simple imprisonment for one month. P.S.GOPINATHAN, JUDGE skj