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Kerala High Court
N.P.Basheer vs State Of Kerala on 11 February, 2026
2026:KER:12740
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
WEDNESDAY, THE 11TH DAY OF FEBRUARY 2026 / 22ND MAGHA, 1947
CRL.REV.PET NO.1054 OF 2006
AGAINST THE JUDGMENT DATED 26.11.2005 IN Crl.A NO.363
OF 2004 OF ADDITIONAL SESSIONS COURT FAST TRACK (ADHOC-II),
KOZHIKODE
ARISING OUT OF THE JUDGMENT DATED 11.05.2004 IN CC
NO.4 OF 2004 OF SPECIAL JUDICIAL FIRST CLASS MAGISTRATE
(MARADU CASES), KOZHIKODE
REVISION PETITIONER/APPELLANT/ACCUSED NO.2:
N.P.BASHEER
NEERMOCHIPARAMBA HOUSE,
BEYPORE AMSOM, MARAD, KOZHIKODE.
BY ADV.
SRI.P.V.ANOOP
RESPONDENTS/RESPONDENT/COMPLAINANT & STATE:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
BY ADV.
SRI SUDHEER G., PP
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY
HEARD ON 11.02.2026, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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Crl.Rev.Pet.No.1054 of 2006
-2-
G. GIRISH, J.
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Crl.Rev.Pet.No.1054 of 2006
------------------------------------
Dated this the 11th day of February, 2026
ORDER
The concurrent findings of the Special Judicial First Class
Magistrate (Marad Cases), Kozhikode, and the Additional Sessions
Court, Fast Track (Adhoc-II), Kozhikode, in C.C.No.4 of 2004 and in
Crl.A.No.363 of 2004 respectively, convicting and sentencing the
petitioner (2nd accused) for the commission of the offences under
Sections 143 and 153A IPC read with Section 149 IPC, are under
challenge in this revision petition.
2. The prosecution case is that on 04.01.2002 at about
04.05 pm, the petitioner, along with 11 other persons, formed
themselves into an unlawful assembly with the common object of
promoting disharmony, feeling of ill will and hatred between Hindus
and Muslims, committed rioting and took procession exhorting
others to attack Hindus, and thereby committed the aforesaid
offences. The Sub Inspector of Police, Beypore, had filed the Final
Report alleging the commission of the offences under Sections 143,
2026:KER:12740
147 and 153A IPC read with Section 149 IPC against the petitioner
and 11 other accused.
3. In the trial before the learned Special Judicial Magistrate,
14 witnesses were examined as PWs 1 to 14, and 13 documents
were marked as Exts.P1 to P13 from the part of the prosecution. The
accused did not opt to adduce any defence evidence. It is by relying
on the aforesaid evidence that the learned Magistrate came to the
conclusion that the petitioner, along with the other accused,
committed the offences under Sections 143 and 153A IPC read with
Section 149 IPC. Accordingly, the accused were sentenced to
Rigorous Imprisonment for three months under Section 143 IPC, and
Rigorous Imprisonment for one year under Section 153A IPC read
with Section 149 IPC. Though the petitioner and the other accused
challenged the aforesaid verdict in appeal before the Additional
Sessions Court, Fast Track (Adhoc-II), Kozhikode, the learned
Additional Sessions Judge upheld the findings of the learned
Magistrate, and confirmed the conviction and sentence. Aggrieved
by the above concurrent verdicts of the courts below, the petitioner
is here before this Court with this revision.
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4. Heard the learned counsel for the petitioner and the
learned Public Prosecutor representing the State of Kerala.
5. The Trial Court placed heavy reliance upon the evidence
of PWs 1 to 3 to arrive at the conclusion that the petitioner, along
with the other accused, committed the offences under Sections 143
and 153A IPC read with Section 149 IPC. PWs 1 to 3 are the Police
personnels, who were on the patrol duty at the relevant time, when
the offence was detected. They have arrested the petitioner and the
others on the spot and initiated proceedings against them. The
evidence adduced in the above regard has been relied on by the
Trial Court as well as the Appellate Court to come to the finding that
the prosecution has successfully established the offences under
Sections 143 and 153A IPC. The concurrent findings of the courts
below in the above regard cannot be interfered with in exercise of
the revisional jurisdiction of this Court, since there is absolutely no
manifest illegality in the findings or perversity in the appreciation of
the evidence. Therefore, the conviction for the offences under
Sections 143 and 153A IPC can only be upheld.
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6. Coming to the sentence awarded by the Trial Court and
the Appellate Court, it appears that the Rigorous Imprisonment for
one year awarded for the commission of the offence under Section
153A IPC, is liable to be reduced to Simple Imprisonment for three
months, taking into account the fact that, at the time when the
petitioner and others were booked for the commission of the above
offence, they did not resort to any violence. So also, the punishment
of Rigorous Imprisonment awarded for the offence under Section
143 IPC is liable to be reduced to Simple Imprisonment for the
period of three months fixed by the courts below. Subject to the
above modification, the revision is disposed of as follows :-
(i) The concurrent findings of the courts below,
convicting the petitioner for the commission of the
offences under Sections 143 and 153A IPC, are hereby
upheld.
(ii) In supersession of the sentence awarded by
the courts below, the petitioner is sentenced to Simple
Imprisonment for three months each under Sections
143 and 153A IPC.
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(iii) The substantial sentence of Simple
Imprisonment for three months awarded under the
aforesaid Sections shall run concurrently.
The Registry shall transmit the relevant case records, along
with a copy of this order, to the Trial Court for the enforcement of
the sentence imposed by this order.
Sd/-
G. GIRISH
JUDGE
ded/11.02.2026
