Kerala High Court
Benny vs The Sub Inspector Of Police on 30 November, 2018
Author: K.Abraham Mathew
Bench: K.Abraham Mathew
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
FRIDAY ,THE 30TH DAY OF NOVEMBER 2018 / 9TH AGRAHAYANA, 1940
Crl.Rev.Pet.No. 1562 of 2018
AGAINST THE JUDGMENT IN CRA 42/2016 of ADDITIONAL SESSIONS
COURT, PALA
AGAINST THE ORDER IN CC 325/2011 of J.M.F.C.,PALA
REVISION PETITIONER:
BENNY,AGED 51 YEARS,S/O.FRANCIS, PUTHUKALATHIL HOUSE
MARANGATTUPALLY KARA ,ELACKADU VILLAGE MEENACHI TALUK
KOTTAYAM DISTRICT.
BY ADVS.
SRI.T.G.RAJENDRAN
SRI.T.R.TARIN
RESPONDENTS:
1 THE SUB INSPECTOR OF POLICE
MARANGATTUPALLY POLICE STATION
KOTTAYAM-686635
2 THE STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM 682 031
SRI. ALEX M THOMBRA SR PP
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON
30.11.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
Petition filed under Section 482 Cr.P.C.
2. In C.C. No.325 of 2011 on the file of the Judicial First Class Magistrate Court-I, Pala, the Crl.Rev.Pet.No. 1562 of 2018 2 petitioner was tried for the offences under Sections 323 and 326 IPC. The allegation was that with MO1 valve key he assaulted the victim, who was examined as PW2 causing him fracture of the bone of the left forearm. The trial ended in his conviction for both offences. For the offence under Section 323 IPC he was sentenced to undergo rigorous imprisonment for two months and to pay a fine of Rs.500/- and in default of payment of the fine to undergo rigorous imprisonment for a further period of 15 days. For the offence under Section 326 IPC he was sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.5000/- and in default of payment of the fine to undergo rigorous imprisonment for a further period of six months. In Crl. Appeal No.42 of 2016 the learned Addl. Sessions Judge Pala found that the offence committed by the petitioner falls under Section 335 IPC. Accordingly, he was sentenced to undergo simple imprisonment for a period of 15 days and to pay a compensation of Rs.50,000/- and in default of payment Crl.Rev.Pet.No. 1562 of 2018 3 of the compensation to undergo imprisonment for 60 days. This is challenged.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
4. When the revision petition was heard it was submitted that the petitioner does not challenge the conviction. His only request is to show some leniency in the matter of sentence. The weapon used by the petitioner was only a valve key, which is used to turn the valve to open and close the valve used in a water supply system. It is not a dangerous weapon. The appellate court found that the offence was committed 'out of heated passion'. Having regard to this fact, I think the sentence can be reduced to imprisonment till the rising of court. Further the petitioner will pay the victim a compensation of Rs.20,000/- (Rupees twenty thousand only) and in default of payment of the compensation he shall undergo simple imprisonment for seven days.
Crl.Rev.Pet.No. 1562 of 2018 4
In the result, this Crl. Revision Petition is allowed in part. The sentence imposed on the petitioner by the appellate court is modified as follows: The petitioner shall undergo imprisonment till the rising of the court and to pay a compensation of Rs.20,000/- (Rupees twenty thousand only) to the victim. In case, he does not pay the compensation he shall undergo simple imprisonment for seven days. The petitioner shall appear before the trial court to suffer the sentence and to pay the amount on 3.1.2019.
Sd/-
K.ABRAHAM MATHEW
JUDGE
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