Kerala High Court
Mohanan vs State Of Kerala on 25 March, 2014
Author: M.L.Joseph Francis
Bench: M.L.Joseph Francis
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS
TUESDAY, THE 25TH DAY OF MARCH 2014/4TH CHAITHRA, 1936
Crl.Rev.Pet.No. 2491 of 2013 ()
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CRL.APPEAL 287/2010 of ADDL.SESSIONS COURT-I,MAVELIKKARA
CC 905/2008 of J.M.F.C.-I, MAVELIKKARA
REVISION PETITIONERS/APPELLANTS/ACCUSED:
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1. MOHANAN, AGED 42 YEARS
S/O.KOCHURAMAN
PADARAYATHU VEEDU
KANDIYOOR MURI, MAVELIKKARA
2. SHIVANKUTTY, AGED 54 YEARS
S/O.KOCHURAMAN, AMBILI BHAVAN
EVOOR VADAKKUM MURI
CHEPPAD VILLAGE.
3. BALAKRISHNAN, AGED 51 YEARS
PARAKKATTU KIZHAKKETHIL
KANDIYOOR, MAVELIKKARA
BY ADVS.SRI.R.SUNIL KUMAR
SMT.A.SALINI LAL
RESPONDENT/COMPLAINANT:
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STATE OF KERALA
REP. BY PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM
BY PUBLIC PROSECUTOR, SMT P MAYA
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD
ON 25-03-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
M.L. JOSEPH FRANCIS J.,
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Crl.R.P. No.2491 of 2013
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Dated this the 25th day of March 2014
ORDER
This Criminal Revision Petition is filed by accused Nos.1 to 3 in C.C. No.905 of 2008 on the file of the Judicial First Class Magistrate Court-1, Mavelikkara. The accused are charge sheeted under Sections 447 and 434 read with Section 34 of the Indian Penal Code (for short 'the IPC').
2. The prosecution case is that on 9.9.2008 at about 1 p.m., accused Nos.1 to 3, in furtherance of their common intention, criminally trespassed into the property of PW1 and uprooted the survey boundary stones. The trial court convicted all the accused under Sections 447 and 434 read with Section Crl.R.P.2491/13 :2: 34 of the IPC and sentenced them to undergo simple imprisonment for three months each for the offence under section 434 of the IPC and to undergo simple imprisonment for two weeks each for the offence under Section 447 of the IPC. Criminal Appeal No.287 of 2010 filed before the Additional Sessions Court -1, Mavelikkara was dismissed. Against that judgment the appellants/accused filed this Criminal Revision Petition.
2. Heard the learned counsel for the revision petitioners and the learned Public Prosecutor. The learned counsel for the revision petitioners raised the same arguments advanced before the trial court and the appellate court. Both the courts below found all the accused guilty under Sections 447 and 434 read with Section 34 of the IPC, on properly appreciating the evidence on record. Therefore, I find no reason to interfere with the conviction of the revision petitioners for the above Crl.R.P.2491/13 :3: offences. The learned counsel for the revision petitioners submitted that the revision petitioners are first offenders and therefore some leniency may be shown in awarding the sentence.
3. For offences under Sections 447 and 434 read with Section 34 of the IPC, jail sentence is not mandatory. Considering the facts and circumstances of the case, I am of the view that sentencing all the accused to pay a fine of `500/- each under Section 447 of the IPC and to pay a fine of `3,000/- each under Section 434 of the IPC, would meet the ends of justice.
Accordingly this Criminal Revision Petition is allowed in part. The conviction of accused Nos.1 to 3 in C.C. No.905 of 2008 on the file of the Judicial First Class Magistrate Court-1, Mavelikkara under Sections 447 and 434 read with Section 34 of the IPC is confirmed. The accused are sentenced to pay a fine of `500/- each under Section 447 of the IPC in default to Crl.R.P.2491/13 :4: undergo simple imprisonment for one week each and to pay a fine of `3,000/- each under Section 434 of the IPC in default to undergo simple imprisonment for one month each. Three months time is granted to the revision petitioners to remit the fine amount before the trial court.
Sd/-
M. L. JOSEPH FRANCIS, (JUDGE) dl/ // TRUE COPY //