R.Somanathan vs State Of Kerala
2024 Latest Caselaw 16879 Ker

Kerala High Court

R.Somanathan vs State Of Kerala on 12 June, 2024

Author: P.Somarajan

Bench: P.Somarajan

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
            THE HONOURABLE MR. JUSTICE P.SOMARAJAN
   WEDNESDAY, THE 12th DAY OF JUNE 2024 / 22ND JYAISHTA, 1946
                  CRL.REV.PET NO. 618 OF 2024
AGAINST THE JUDGMENT DATED 13.12.2019 IN CRA NO.129 OF 2019 OF
SESSIONS COURT, ALAPPUZHA ARISING OUT OF THE JUDGMENT DATED
30.05.2019 IN ST NO.1873 OF 2013 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -I, ALAPPUZHA
REVISION PETITIONER/APPELLANT/ACCUSED:

          R.SOMANATHAN, AGED 75 YEARS,
          S/o RAGHAVAN, PARATHANAM,
          PAZHAVEEDU WARD, ALAPPUZHA.

          BY ADVS. R.SUNIL KUMAR
                   SMT.A.SALINI LAL


RESPONDENTS/RESPONDENTS/COMPLAINANT:

    1     STATE OF KERALA,
          REPRESENTED BY THE PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, ERNAKULAM.

    2     P. PRAKASAN, S/o PAPPU,
          SASIBHAVANAM, THIRVAMBADY,
          ALAPPUZHA 688 002.

          R2 BY ADVS. SINDHU SANTHALINGAM
                      A.D.SHAJAN
                      JESSY S.SALIM

          R1 BY PUBLIC PROSECUTOR SRI. SANGEETHARAJ N.R.


THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 12.06.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.R.P.No.618 of 2024                     2



                                     ORDER

When the matter came up for admission, the

learned counsel for the petitioner fairly conceded

that there is no merits in the revision as the

judgment of conviction is resting on the evidence

tendered by the prosecution. But, the sentence

awarded does not reflect a proper balance as it is for

a period of three months simple imprisonment. Hence,

the same will stand modified as till rising of court

and the fine amount as ordered by the trial court with

default sentence. Three months time is granted to the

petitioner to appear before the trial court and to

receive the sentence. Till that time no coercive steps

shall be taken against the petitioner. The Criminal

Revision will stand allowed in part accordingly.

Sd/-

P.SOMARAJAN

JUDGE DMR/-