Aboobacker Haji vs State Of Kerala
2023 Latest Caselaw 11747 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE P.SOMARAJAN
   THURSDAY, THE 16TH DAY OF NOVEMBER 2023 / 25TH KARTHIKA, 1945
                     CRL.REV.PET NO. 1425 OF 2006
AGAINST THE ORDER/JUDGMENT IN CRA 387/2004 OF ADDITIONAL SESSIONS
                     FAST TRACK COURT-I, MANJERI
 AGAINST THE ORDER/JUDGMENT IN CC 637/2003 OF JUDICIAL MAGISTRATE
                  OF FIRST CLASS -II, PERINTHALMANNA
REVISION PETITIONERS/APPELLANTS/ACCUSED:

    1       ABOOBACKER HAJI, S/O MOHAMMED HAJI,
            THACHAMPETTA, ALANALLUR.
    2       ABDULLA HAJI (BAPPUTTY HAJI),
            S/O.MUHAMMED HAJI, THACHAMPETTA VEEDU, ALANALLUR.
    3       ABBAS, S/O.MOIDU PANNIYAN VEEDU,
            ARAKKUPARAMBA AMSOM, PUTHUR.
    4       ABDUL RAZACK, S/O.MOIDU,
            PANNIYAN VEEDU, ARAKKUPARAMBA AMSOM, DESOM, PUTHUR.
    5       YOUSUF, S/O.MOOSA HAJI, THACHAMPETTA
            VEEDU, ALANALLUR AMSOM DESOM.
            BY ADV SRI.C.M.KAMMAPPU


RESPONDENT/STATE COMPLAINANT:

            STATE OF KERALA
            PUBLIC PROSECUTOR, HIGH COURT OF KERALA,, ERNAKULAM.


            PP SRI SANGEETHA RAJ N R


        THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 16.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CRL.REV.PET NO. 1425 OF 2006

                                          2


                                     ORDER

The learned counsel for the revision petitioners

fairly submitted that the revision petition is by

accused Nos.1 to 4 and 6 as against the conviction

for the offence punishable under Sections 143, 148,

341, 323, 324, 354 of IPC. The fine amount alone was

imposed by the first appellate court by modifying the

substantive sentence ordered by the trial court for

the abovesaid offences. It is submitted that the

offence was alleged to have been committed 20 years

back. An amount of Rs.3,500/- each was deposited in

furtherance of order passed by this court on

18/04/2006 for the purpose of suspending the

sentence. What is ordered by the first appellate

court by imposing a fine of Rs.5000/- each for the

offence under Section 324 IPC and Rs.2000/- each for

the offence under Section 148 IPC, will stand

modified to Rs.2500/- each for the offence under

Section 324 IPC and Rs.1000/- each for the offence

under Section 148 IPC. On recovery of the fine CRL.REV.PET NO. 1425 OF 2006

amount the same shall be released to the injured

under Section 357 (2) Cr.P.C.

The Criminal Revision Petition will stand allowed

accordingly.

Sd/-

P.SOMARAJAN JUDGE msp