Partly allowed

Saji, S/O.Abdul Salam v. State of Kerala

Kerala HC21 Oct 2016Crl.Rev.Pet/2025/2013

Case brief

AI extract

What is this about?

The High Court partially allowed a criminal revision petition against conviction and sentence under IPC sections 451 and 323. While upholding the conviction due to permissible evidence appreciation, the Court reduced the sentence to time-imprisonment and a fine remitting the balance in favor of the injured witness.

What did the court decide?

Sentence modified to imprisonment till rising of court and fine; amendment of compensation order; surrender before trial court specified.

Saji, S/O.Abdul Salam Vs State of Kerala — Cheating and Forgery | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

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FRIDAY, THE 21ST DAY OF OCTOBER 2016/29TH ASWINA, 1938

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Crl.Rev.Pet.No. 2025 of 2013 ()

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CRL.A 561/2012 of I ADL.D.C., THIRUVANANTHAPURAM CC 461/2006 of J.M.F.C.-II,ATTINGAL

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REVISION PETITIONER/APPELLANT/4TH ACCUSED:

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SAJI, S/O.ABDUL SALAM

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SAJI MANZIL, NEDUMKAITHA, MANICKAL VILLAGE, THIRUVANANTHAPURAM.

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BY ADVS.DR.S.GOPAKUMARAN NAIR (SR.)

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RESPONDENT(S)/RESPONDENT:

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STATE OF KERALA

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REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR, SHRI C K PRASAD

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THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 21-10-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B.SUDHEENDRA KUMAR, J.

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Crl.R.P. No.2025 of 2013

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- - - - -- - - - - - - - - - - - - - - - - - - - - - Dated this the 21^st day of October 2016

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O R D E R

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The revision petitioner was convicted and sentenced under Sections 451 and 323 I.P.C. by the courts below

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concurrently.

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Heard.

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Before the trial court, PW1 to PW5 were examined

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and Exts.P1 to P8 were examined for the prosecution, besides identifying MO1 to MO5. No evidence was

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adduced on the side of the revision petitioner.

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PW1 is a witness to the occurrence. PW2 is the

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injured in this case. The courts below correctly appreciated

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Crl.R.P.2025/2013

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: 2 :

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the evidence of PW1 and PW2 and the medical evidence of PW5 and Ext.P8 wound certificate and concurrently found that the revision petitioner committed the offence under Sections 451 and 323 I.P.C., repelling the contentions of the revision petitioner. No material has been brought to the notice of this court to indicate that the appreciation of evidence or the concurrent finding by the courts below was perverse or incorrect. In the said circumstances, the concurrent finding of conviction by the courts below does not warrant any interference by this court.

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As regards the sentence, the learned counsel for the revision petitioner has pleaded for leniency. There is no previous conviction against the revision petitioner. PW2 did not sustain any serious injury in the incident. The

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Crl.R.P.2025/2013

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: 3 :

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major part of the overt acts are attributed against the other accused. Considering the facts and circumstances of the case, I am inclined to modify and reduce the sentence awarded by the courts below to imprisonment till the rising of the court and a fine of Rs.10,000/- (Rupees ten thousand only) and in default to simple imprisonment for two months under Section 451 I.P.C. and a fine of Rs.1,000/(Rupees one thousand only) and in default to simple imprisonment for ten days under Section 323 I.P.C., to meet the ends of justice, and accordingly, I order so. If the fine is relased, the entire amount shall be given to PW2 as compensation under Section 357(1)(b) Cr.P.C.

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In the result, this revision petition stands allowed in part as above.

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Crl.R.P.2025/2013

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: 4 :

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The revision petitioner shall surrender before the trial

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court on 1.12.2016 to suffer the sentence.

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Sd/-

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B.SUDHEENDRA KUMAR, JUDGE

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dl/24.10...2016

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// True Copy //

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PA to Judge

Saji, S/O.Abdul Salam v. State of Kerala

Case brief

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Saji, S/O.Abdul Salam v. State of Kerala

Case brief

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