Modification of convictions based on evidential findings of criminal behaviour, emphasizing familial context and compensation over custodial sentences.

ORDER

The concurrent findings of the Judicial First Class Magistrate Court-I, Pathanamthitta, and the Additional Sessions Court-IV, Pathanamthitta, convicting and sentencing the petitioners for the commission of offences under Sections 452, 323, 324 and 354 r/w Section 34 of the Indian Penal Code , 1860, are under challenge in this revision.

2. The petitioners faced criminal trial as accused Nos.1 and 2 in C.C.No.392/2008 before the Trial Court. The charge against them was that, on 23.06.2008 at about 7.00 p.m., they criminally trespassed into the house of PW2 and PW5, after making preparations to commit physical assault, and thereafter, inflicted voluntary hurt upon PW5 with a stick and caused injuries to him. When PW2, the daughter in law of PW5, attempted to intimate the matter to the Police, making use of the telephone from the neighbouring house, she was said to have been attacked by the second petitioner at the courtyard of that neighbouring house. It is alleged that the second petitioner, by getting hold of the hair of PW2, outraged her modesty. The petitioners are alleged to have committed the aforesaid offences in furtherance of their common intention.

3. Before the Trial Court, eight witnesses were examined from the part of the prosecution as PW1 to PW8, and eight documents were marked as Exts.P1 to P8. One material Object was identified as MO1. The accused did not opt to adduce any defence evidence.

4. After an evaluation of the aforesaid evidence, the learned Magistrate arrived at the finding that the petitioners/accused committed the offences under Sections 452, 323, 324 and 354 r/w Section 34 of the Indian Penal Code , 1860.

5. Accordingly, the petitioners/accused were convicted and sentenced to undergo Simple Imprisonment for four months and fine Rs.1,000/- each under Section 452 IPC , Simple imprisonment for three months and fine Rs.1,000/- under Section 323 , Simple Imprisonment for four months and fine Rs.2,000/- under Section 324 , and Simple Imprisonment for three months under Section 354 .

6. Though the petitioners challenged the aforesaid verdict in appeal, the learned Additional Sessions Judge-IV, Pathanamthitta, declined to interfere with the findings of the learned Magistrate. Accordingly, the appeal was dismissed, confirming the conviction and sentence awarded by the learned Magistrate. Aggrieved by the above concurrent findings, the petitioners are here before this Court with this revision.

7. Heard the learned counsel for the revision petitioners and the learned Public Prosecutor representing the State of Kerala.

8. The Trial Court relied on the evidence of PW1, PW2 and PW5 for arriving at the finding that the petitioners criminally trespassed into their house and inflicted voluntary hurt with a stick, in addition to outraging the modesty of PW2. However, it is pertinent to note that, the evidence adduced by the aforesaid witnesses does not disclose that the petitioners committed house trespass, after having made preparation for causing hurt upon them. As per the statements of the witnesses, the petitioners, at the first instance, entered into the house of PW1, PW2 and PW5 and compelled them to sign upon some documents. When the above witnesses refused to abide by the above demand, the petitioners are said to have gone out of that house, and took a stick from the courtyard of that house, and resorted to the act of inflicting voluntary hurt upon PW5 with that stick. The evidence in the above regard would show that the alleged act of criminal trespass into the house of PW1, PW2 and PW5, was not made after having made preparations to cause hurt, and that the act of the petitioners picking up a stick from the courtyard of that house and beating PW5, was