Joy, Suresh And Binu vs State of Kerala

The petitioners are the accused in Calendar Case No. 32/1994 before the Chief Judicial Magistrate''s Court, Thiruvananthapuram. They were prosecuted for offences punishable under Sections 324 and 326 read with Section 34 of the Indian Penal Code. Paragraph 2 of the judgment of the Magistrate, which contains the prosecution case, reads as follows:

Due to enmity of accused towards PW. 2 and in furtherance of their common intention to cause hurt to PW. 1, the first accused beat PW. 1 with a bamboo stick, a deadly weapon, causing lacerated injury on his head and the second accused beat PW.1 with the same bamboo stick causing fracture to his left fore-arm and the third accused pulled him down causing abrasion on his left knee. The incident occurred on 10-8-1993 at 2.30 PM on the Ponnara Junction-Valiathura road in Muttathara Village. The accused, according to the prosecution, have thus committed offence punishable u/s. 324 and 326 read with Section 34 of the Indian Penal Code.

The prosecution examined PWs 1 to 9 and marked Exts. P1 to P7 as also material object as MO1. The defence did not adduce any evidence. After considering the evidence of the prosecution, the Magistrate convicted the petitioners and sentenced them as follows:

The accused are convicted for offence punishable u/ss. 324 and 326 read with Section 34, I.P.C. and sentenced to undergo R.I. for 1 (one) year each u/s. 324, I.P.C. and R.I. for two (2) years each and to pay fine of Rs. 5,000/- each and in default of payment of fine to undergo S.I. for 3 (three) months each u/s. 326, I.P.C. The substantive sentences shall run concurrently. If the fine is paid, Rs. 9,000/- shall be paid to PW.1 from such fine as compensation.

The petitioners filed Criminal Appeal No. 280/1998 before the I Additional Sessions Judge, Thiruvananthapuram, in which the Sessions Judge confirmed the conviction and the sentence, while dismissing the appeal. The petitioners are challenging the judgments of the courts below.

After arguing for some time, the learned counsel for the petitioners confines his argument for leniency in the matter of punishment. He submits that, as is evident from the judgments, the petitioners are very young and instead of imprisonment, the fine amounts may be increased. The counsel suggests that the petitioners would pay fine at the rate of Rs. 15,000/- (Rupees fifteen thousand only) each, if the sentence of imprisonment is avoided.

I have heard the learned Public Prosecutor also. Taking into account the facts and circumstances of the case, I dispose of this Criminal Revision Petition as follows:

The conviction is confirmed. The sentence of imprisonment is set aside. The punishment is confined to fine of Rs. 20,000/- (Rupees twenty thousand only) each, amounting to a total of Rs. 60,000/- (Rupees sixty thousand only). Out of the same, Rs. 20,000/- (Rupees twenty thousand only) shall be paid to PW1 as compensation. In default of payment of fine, the petitioners would undergo simple imprisonment for one year each.