ORDER

This Criminal Revision Petition is filed aggrieved by the judgment dated 15.05.2014 in C.C.No. 326/2010 on the file of the Judicial First Class Magistrate Court, Nadapuram and the judgment dated 28.08.2014 in Crl.Appeal No. 361/2014 of the Sessions Court, Kozhikode.

2. The petitioners are the accused Nos. 2 to 4 in C.C.No. 326/2010 on the file of the Judicial First Class Magistrate Court, Nadapuram arising from Crime No. 53/2010 of Thottilpalam Police Station. The above case is charge-sheeted against the petitioners and another alleging offences punishable under Secs.332, 225, 225B r/w 34 IPC.

3. The prosecution case is that on 09.02.2010 at 10.30 am at Kottur in Kayakkody amsom, the 1^st accused was arrested by the Police in LP No. 12/2003 from his house bearing No.XI/663. When he was taken to the police vehicle by Charge Witness Nos.1 to 4, he tried to escape from the custody. The 2^nd accused with a view to rescue the 1^st accused from the custody of the police, beat Charge Witness No.1 with a reaper. The other accused along with another person attacked CWs 1 to 4 and caused hurt. The 1^st accused escaped from the custody and thereby, the accused caused obstruction in discharging the official duty of CWs 1 to 4. Thus, it is alleged that the accused committed the offences.

4. To substantiate the case, the prosecution examined PW1 to PW11 and Exts.P1 to P9 were marked. After going through the evidence and the documents, the learned Magistrate found that the accused committed the offences under Secs.332, 225 r/w 34 IPC. The petitioners were sentenced to undergo simple imprisonment for six months for the offence under Section 225 IPC and to undergo simple imprisonment for one year and to pay a fine of Rs.5,000/- for the offence punishable under Section 332 IPC. In default of payment of fine, the accused were directed to undergo simple imprisonment for two months. Aggrieved by the conviction and sentence, the petitioners filed Criminal Appeal No.361/2014 before the Sessions Court, Kozhikode. The Sessions Court, after re-appreciating the evidence allowed the appeal in part. The appellate court confirmed the conviction under Sections 332 and 225 r/w 34 IPC. But the sentence was modified and the petitioners were directed to undergo simple imprisonment for one month and to pay a fine of Rs.5,000/- each in default to undergo simple imprisonment for 15 days under Section 332 IPC and to undergo simple imprisonment for 15 days under Section 225 IPC. Aggrieved by the conviction and sentence, this Crl.R.P is filed.

5. Heard the learned counsel appearing for the Revision petitioners and the learned Public Prosecutor.

6. The trial court and the appellate court considered the evidence in detail and thereafter found that the accused committed the offence under Sections 332 and 225 IPC. The evidence available is scanned and appreciated by both courts concurrently and thereafter found that the petitioners committed the offences under Sections 332 and 225 IPC. The jurisdiction of the Revisional court to interfere with the same is very limited. Considering the facts and circumstances of the case, I am of the considered opinion that there is nothing to interfere with the impugned conviction imposed by the trial court which is confirmed by the appellate court under Sections

332 and 225 IPC.

7. The next point to be decided is whether the sentence imposed is to be interfered. Admittedly, it is a prosecution initiated in the year 2010. Now, about 24 years elapsed. The petitioners were aged 23, 25 and 20 at the time of the alleged offences. I am of the considered opinion that the sentence of fine is enough in the facts and circumstances of the case.

Therefore, this Criminal Revision Petition is disposed of in the following manner:

1. The conviction imposed in C.C.

No.326/2010 on the file of the Judicial First Class Magistrate Court, Nadapuram which is confirmed in Crl.Appeal No.361/2014 on the file of the Sessions Court, Kozhikode is confirmed.

2. The sentenc