Kerala High Court
Kareem vs State Of Kerala on 10 October, 2008
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
THURSDAY, THE 31ST DAY OF MARCH 2016/11TH CHAITHRA, 1938
Crl.Rev.Pet.No. 1307 of 2009 ( )
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AGAINST THE JUDGMENT IN CRL.A. 650/2007 of ADDL. SESSIONS COURT,
VADAKARA DATED 10-10-2008
AGAINST THE JUDGMENT IN ST 314/2007 of J.M.F.C.,VADAKARA
REVISION PETITIONER(S)/APPELLANTS/ACCUSED NO.2:
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KAREEM,S/O.MOIDU, SOOTHRA PERIYAYIL HOUSE,,
THANDOTTY,TIRUVALLUR AMSOM,, VADAKARA TALUK.
BY ADV. SRI.P.NARAYANAN
RESPONDENT(S)/RESPONDENT/COMPLAINANT:
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STATE OF KERALA,
REP.BY PUBLIC PROSECUTOR,, HIGH COURT OF KERALA.
PUBLIC PROSECUTOR SRI. R. GITHESH
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD
ON 31-03-2016, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
B. SUDHEENDRA KUMAR, J.
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Crl.R.P. No. 1307 of 2009
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Dated this the 31st day of March, 2016
ORDER
The 2nd accused in S.T. No. 314 of 2007 on the files of the Court of the Judicial Magistrate of First Class, Vadakara, filed this Revision Petition challenging the concurrent finding of conviction and sentence passed by the courts below under Section 277 IPC.
2. Heard both sides.
3. The prosecution allegation can be briefly stated thus:
On 26-08-1999 at 8.30 p.m., the revision petitioner and the other accused in furtherance of their common intention fouled the water of the public tank annexed to -: 2 :- Crl.R.P. No. 1231 of 2014 Thiruvallur Shiva Temple by throwing chicken wastes into the said tank.
4 The revision petitioner appeared before the Court on 31-7-2007 and pleaded guilty to the particulars of offence read over and explained to him. The learned Magistrate accepted the plea of guilty as voluntary and convicted him under Section 277 IPC. The revision petitioner was sentenced to simple imprisonment for 10 days and a fine of Rs. 5000/- under Section 277 IPC.
5. Eventhough it is alleged in the memorandum of revision petition that the plea of the revision petitioner was not voluntary, no such argument has been advanced before me by the learned counsel for the revision petitioner.
6. Having gone through the relevant inputs, I am fully convinced that the revision petitioner pleaded guilty voluntarily and the court below correctly accepted the -: 3 :- Crl.R.P. No. 1231 of 2014 plea of guilty as voluntary and convicted him under Section 277 read with Sec. 34 IPC and sentenced him thereunder.
7. The learned counsel for the revision petitioner has pleaded for leniency in the matter of sentence. It has been submitted by the learned counsel for the revision petitioner that the revision petitioner was aged 29 years during the relevant period and the revision petitioner is presently aged 38 years. No previous conviction has been proved against the revision petitioner. The revision petitioner is not involved in any other offence of similar nature. The offence committed by the revision petitioner cannot be lightly viewed. Having regard to the facts and circumstances of the case, including the submission of the learned counsel for the petitioner, I am of the view that the sentence of imprisonment awarded by the courts below can be avoided to meet the ends of justice. Accordingly, the revision petitioner is sentenced to imprisonment till the rising of the Court and a compensation of Rs. 8,000/- (Rupees eight thousand -: 4 :- Crl.R.P. No. 1231 of 2014 only) and in default to simple imprisonment for one month under Section 277 IPC., to secure the ends of justice. In the event of realisation of the compensation amount, the entire amount shall be given to the person having the administrative control over the above said temple under Section 357 (3) of the Code.
In the result, this Revision Petition stands allowed in part as above.
The Revision Petitioner shall surrender before the trial Court on 19-5-2016, to suffer the sentence.
Sd/-B. SUDHEENDRA KUMAR, JUDGE.
Ani/1/4/16 /truecopy/ P.S.ToJudge