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Kerala High Court
Kumari Rajah vs State Of Kerala on 12 February, 2026
2025:KER:83738
Crl.R.P.No.285/2016
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
WEDNESDAY, THE 5TH DAY OF NOVEMBER 2025 / 14TH KARTHIKA, 1947
CRL.REV.PET NO. 285 OF 2016
AGAINST THE ORDER/JUDGMENT DATED 14.12.2015 IN Crl.A NO.152
OF 2013 OF THE ADDITIONAL SESSIONS COURT, NORTH PARAVUR
CC NO.294 OF 2006 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I,
NORTH PARAVUR
REVISION PETITIONER/APPELLANTS/ACCUSED:
1 RADHAKRISHNAN
AGED 29 YEARS
KOONAMPARAMBIL HOUSE, WESTERN SIDE OF MANACKAL LODGE,
MANJUMMEL KARA, ELOOR VILLAGE.
2 LALU SO.SASI
AGED 29 YEARS, KANNIPURATHUCHALIL HOUSE, MANJUMMEL,
CHERANALLOOR VILLAGE.
3 MUHAMMED FAIZAL
S/O.ABDUL KHADER, AGED 36 YEARS, VALIYAVEETTIL,
NJATTUVETTY FERRY ROAD, CHERANALLOOR VILLAGE.
4 BAIJU SO.JAYAN
AGED 33 YEARS, MATTUMMAL HOUSE, CHERANALLOOR.
BY ADVS.
SRI.K.R.VINOD
MS.JENCY SUSAN JOSE
SRI.V.SRI NATH
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Crl.R.P.No.285/2016
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RESPONDENT/RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
KOCHI - 31.
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 05.11.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:83738
Crl.R.P.No.285/2016
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ORDER
The concurrent verdicts of the Judicial First Class Magistrate Court-I,
North Paravur, and the Additional Sessions Court, North Paravur, convicting
the first petitioner under Sections 452, 323 and 506(i) r/w Section 34 of the
Indian Penal Code, 1860, and the petitioners 2 to 4 under Sections 447, 323
and 506(i) r/w Section 34 of the Indian Penal Code, 1860, are under
challenge in this revision filed by the aforesaid petitioners. The petitioners are
arraigned as accused Nos.1 to 4 in Crime No.51/2006 of Eloor Police Station,
Ernakulam District.
2. The prosecution case is that on 19.02.2006 at about 8.45 pm,
the petitioners/accused Nos.1 to 4, in furtherance of their common intention
to physically assault PW1 and PW2, trespassed into the compound of the
family house of PW2, and thereafter, physically assaulted PW1 and PW2. It is
alleged that the first petitioner had placed a chopper on the neck of PW2,
and threatened that he would be done away with. The other accused
allegedly fisted PW2. When PW3 intervened, the petitioners allegedly
resorted to criminal intimidation upon the above witnesses.
3. In connection with the aforesaid crime, the Sub Inspector of
Police, Eloor Police Station, filed a Final Report alleging the commission of
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offences under Sections 452, 323 and 506 (i) r/w Section 34 IPC and Section
27 of the Arms Act.
4. Before the Trial Court, eight witnesses were examined as PW1
to PW8, and eight documents were marked as Exts.P1 to P8 from the part of
the prosecution. One material Object was identified as MO1. Three
contradictions in the statement of PW2 were marked as Ext.D1 series.
5. After an evaluation of the aforesaid evidence, the learned
Magistrate arrived at a finding that the accused No.1 (the first petitioner)
committed the offence punishable under Sections 452, 323 and 506 (i) r/w
Section 34 IPC, and accused Nos.2 to 4 committed the offences under
Sections 447, 323, and 506(i) r/w Section 34 IPC. Accordingly, the sentence
including various prison terms as well as fine were imposed upon the
petitioners by the learned Magistrate.
6. Though the petitioners challenged the aforesaid verdict before
the Appellate Court, the learned Additional Sessions Judge, who considered
the appeal, found no reason to interfere with the findings of the learned
Magistrate. Accordingly, the appeal was dismissed, confirming the conviction
and sentence awarded by the Trial Court.
7. Aggrieved by the above concurrent verdicts of the courts below,
the petitioners are here before this Court with this revision.
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8. Heard the learned counsel for the revision petitioners and the
learned Public Prosecutor representing the State of Kerala.
9. On going through the impugned judgment as well as the
evidence on record, it is seen that the courts below have rightly appreciated
the evidence, and arrived at a finding regarding the offences committed by
the petitioners. There are absolutely no serious illegalities or irregularities in
the aforesaid course adopted by the courts below, to have interference in this
revision. The concurrent findings on facts of the courts below do not suffer
from any material irregularity or inconsistency, which would warrant
interference in this revision. Therefore, I am of the view that the conviction
of the first petitioner for the offences under Sections 452, 323 and 506(i) r/w
Section 34 IPC, and that of the petitioners 2 to 4 under Sections 447, 323
and 506(i) r/w Section 34 of the IPC, deserves to be retained as such.
10. Having regard to the nature of offence as well as the facts and
circumstances of the case, I am of the view that the sentence awarded by
the Trial Court, and upheld by the Appellate Court, are liable to be modified
in such a way that the prison term awarded to the petitioners should be
excluded, and appropriate provisions are made to ensure that PW2, the
injured, has been provided with adequate compensation.
In the result, the revision stands allowed as follows:
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1)The concurrent findings of the courts below, convicting accused No.1
for the commission of offences under Sections 452, 323 and 506(i) r/w
Section 34 IPC, and accused Nos.2 to 4 for the offences under Sections
447, 323 and 506 (i) r/w Section 34 IPC, are hereby upheld.
2) In supersession of the sentence awarded to the first accused/first
petitioner by the courts below, he is sentenced to Imprisonment till the
rising of Court for the offence under Section 452 IPC with a further
direction to pay compensation of Rs.5,000/- (Rupees Five thousand
only) under Section 357(3) Cr.P.C. No separate sentences are awarded
for the offences under Sections 323 and 506 (i) IPC found against him.
3) In supersession the sentence awarded to accused Nos.2 to 4 by the
courts below, they are sentenced to undergo Imprisonment till the
rising of Court under Section 447 IPC with a direction to pay
compensation of Rs.3,000/- (Rupees Three Thousand only) each under
Section 357(3) Cr.P.C. No separate sentences are awarded for the
offences under Sections 323 and 506 (i) IPC found against them.
4) In the event of non-payment of compensation as directed above, the
petitioners will undergo Simple Imprisonment for a term of three
months.
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5) The Trial Court shall take appropriate steps to disburse the
compensation amount to PW2, the injured in this case.
6) The petitioners shall surrender before the Trial Court within a period of
30 days from today to undergo the Imprisonment till the rising of Court
as directed above, and to make payment of compensation in
accordance with this order.
The Registry shall transmit a copy of this order to the Trial Court forthwith.
sd/
G. GIRISH
JUDGE
jm/
