Kerala High Court
Alikoya vs Sub Inspector Of Police on 26 March, 2012
Author: N.K.Balakrishnan
Bench: N.K.Balakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN
MONDAY, THE 26TH DAY OF MARCH 2012/6TH CHAITHRA 1934
Crl.Rev.Pet.No. 2369 of 2011 ( )
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CRA.176/2010 of III ADDL.SESSIONS JUDGE, KOZHIKODE
CC.617/2007 of J.M.F.C.-III,KOZHIKODE
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REVISION PETITIONER(S)/APPELLANTS/ACCUSED 2,4 AND 5 :-
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1. ALIKOYA, AGED 42 YEARS,
S/O.UNNIMOIDEENKUTTY HAJI, KUNNATH HOUSE, PERINGAVU.
2. YASIR, S/O.SULAIMAN,
AGED 21 YEARS, KUNNATH HOUSE, PERINGAVU.
3. ABDUL MANSOOR, AGED 50 YEARS,
S/O.ABDULLAKOYA, NELLOLI HOUSE, FEROKE.
BY ADV. SRI.T.G.RAJENDRAN
RESPONDENTS/COMPLAINANT & STATE :-
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1. SUB INSPECTOR OF POLICE,
PANNIYANKARA POLICE STATION, KOZHIKODE-673 001.
2. STATE OF KERALA,
REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA
ERNAKULAM.
PUBLIC PROSECUTOR SRI.SREEJITH V.S.
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD
ON 26-03-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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N.K.BALAKRISHNAN, J.
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Crl.R.P. No.2369 of 2011
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Dated this the 26th day of March 2012
O R D E R
This revision petition is filed by A2, A4 and A5 who were found guilty by the learned Magistrate for offences under Secs.143, 147 and 323 r/w 149 IPC. Though charge was laid under Sec.324 r/w 149 IPC also, the petitioners were acquitted of that offence. The allegation regarding user of the deadly weapon was levelled against A1 who expired subsequently. The finding of guilt against these petitioners was confirmed by the appellate court also. But after confirming the conviction, the appellate court remanded the matter to the trial court for passing appropriate sentence.
2. Learned counsel for the petitioners submits that since the petitioners were not found guilty of the offence under Sec.324 IPC and since they were found guilty only for the offences under Secs.143, 147 and 323 r/w 149 IPC which are summons cases, in fact there was no necessity of remanding the case to the trial court for that purpose. The learned Appellate Crl.R.P. No.2369 of 2011 -: 2 :- Judge could have exercised his discretion by awarding proper sentence. The case was of the year 2007.
3. In the nature of the evidences and circumstances, I find that the verdict of conviction is only to be confirmed. But the appropriate sentence can be awarded by this Court itself. The petitioners are sentenced to undergo imprisonment till the rising of the court and they are also sentenced to pay a fine of `4,000/- each for the offence under Sec.147 IPC and `1,000/- each for the offence under Sec.323 IPC and in default of payment of fine, they will undergo S.I. for one month and 15 days respectively. In view of Sec.71 of IPC, no separate sentence is awarded for the offence under Sec.143 IPC. If the fine amount is paid or realised, `5,000/- shall be paid to PW1 as compensation.
The Crl.R.P. is disposed of as above.
N.K.BALAKRISHNAN, J UDGE.
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