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2026 Supreme(Online)(Ker) 29279
IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. GIRISH, J
SHAJI – Appellant
Versus
STATE OF KERALA – Respondent
CRL.REV.PET NO. 3725 OF 2006 | Crl.A NO.476/2002 | CC NO.74 OF 1999
For the Appellants/Petitioners: SRI.GILBERT GEORGE CORREYA, SRI.SOJAN MICHEAL
For the Respondents: SRI JAYAKRISHNAN U.
Revisional jurisdiction should not be exercised to re-appreciate evidence where concurrent findings are based on proper appreciation of evidence.
Headnote:Statute Analysis: The matter pertains to offences under Sections 143, 148, 324, 427 & 326 read with Section 149 of the Indian Penal Code, 1860 (IPC). Facts of the Case: The accused were convicted by the trial court for the commission of the above offences. On appeal, some accused were acquitted, and the sentence of the petitioners was modified. The petitioners have now approached this Court by way of revision.
Findings of Court:
The Court found that the concurrent findings of the courts below on the culpability of the petitioners were based on a sound analysis of the evidence on record.
Issues: The court was to decide on the correctness of the findings on the role of the petitioners in the commission of the offences, and the appropriateness of the sentence.
Ratio Decidendi: The Court held that revisional interference is not warranted in the absence of perversity or illegality in the findings of the courts below, especially when the Appellate Court had already modified the sentence substantially.
Result: The revision petition is hereby dismissed.
| Table of Content |
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| 1. conviction and sentencing by trial and appellate courts (Para 1 , 2 , 3) |
| 2. evaluation of evidence and legal challenges (Para 4 , 5 , 6) |
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE G.GIRISH TH TUESDAY, THE 19 DAY OF MAY 2026 / 29TH VAISAKHA, 1948 CRL.REV.PET NO. 3725 OF 2006 AGAINST THE JUDGMENT DATED 25.08.2006 IN Crl.A NO.476/2002 ON THE FILES OF THE SESSIONS JUDGE, ERNAKULAM AND CC NO.74 OF 1999 DATED 21.06.2002 ON THE FILES OF THE JUDICIAL MAGISTRATE OF FIRST CLASS -I,KOCHI REVISION PETITIONERS/APPELLANTS/ACCUSED NOS. 1 TO 9 & 14:
1 SHAJI, S/O.GOPINATHAN, PADATHUPARAMBIL VEETTIL, EAST OF KOYA BAZAR, KUMBALANGHI DESOM, KUMBALANGHI VILLAGE, KOCHI TALUK.
2 UDAYAN, S/O.KARUPPAN, HARIPPATTY VEETTIL, WEST OF ILLICKAL TEMPLE, KUMBALANGHI DESOM, KUMBALANGHI VILLAGE, KOCHI TALUK.
3 THOMAS @ RAJU, S/O.JOSEPH THATHAMANGALATH VEETTIL, WEST OF KOYA BAZAR, KUMBALANGHI DESOM, KUMBALANGHI VILLAGE, KOCHI TALUK.
4 IZAHAK, S/O.MOHAMMED ALI, KADAVUNKAL VEETTIL, NEAR KOYA BAZAR, KUMBALANGHI DESOM, KUMBALANGHI VILLAGE, KOCHI TALUK.
5 RAJESH, S/O.RAJAN, THAIVACHIDATHU VEETTIL, SOUTH OF KOYA BAZAR, KUMBALANGHI DESOM, KUMBALANGHI VILLAGE, KOCHI TALUK.
6 SANTHOSH, S/O.PRAKASAN, THAIVACHIDATHU VEETTIL, SOUTH OF KOYA BAZAR, KUMBALANGHI DESOM, KUMBALANGHI VILLAGE, KOCHI TALUK.
7 AJAYAN, S/O.ASOKAN, NIKARTHUPARAMBIL VEETTIL, KUMBALANGHI DESOM, KUMBALANGHI VILLAGE, KOCHI TALUK.
8 SHINE SHIJAN, S/O.SHANMUGHAN MUTHATTUVEETTIL, WEST OF KOYA BAZAR, KUMBALANGHI VILLAGE, KOCHI TALUK. 9 JOHNY, S/O.GEORGE, NANKERI VEETTIL, EAST OF KOYA BAZAR, KUMBALANGHI VILLAGE, KOCHI TALUK. 10 BIJU, S/O.SREENIVASAN, VELIKAKKATHU VEETTIL, KUMBALANGHI DESOM, KUMBALANGHI VILLAGE, KOCHI TALUK.
BY ADVS.SRI.GILBERT GEORGE CORREYA SRI.SOJAN MICHEAL RESPONDENT/COMPLAINANT:
STATE OF KERALA BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
SRI JAYAKRISHNAN U., PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING FINALLY HEARD ON
17.03.2026, THE COURT ON 19.05.2026 PASSED THE FOLLOWING:
O R D E R
The petitioners are the accused Nos.1 to 9 and 14 in C.C.No.74/1999 on the files of the Judicial First Class Magistrate Court-I, Kochi. They, along with accused Nos.10 to 13, were convicted and sentenced by the said court, for the commission of offences under Sections 143,148, 324, 427 & 326 read with Section 149 of the Indian Penal Code, 1860 (in short, ‘IPC') to various tenures of simple imprisonment and rigorous imprisonment. In the appeal filed before the Sessions Court, Ernakulam, as Crl..A.No.476/2002, the learned Sessions Judge acquitted accused Nos.10 to 13 and modified the sentence awarded by the Trial Court upon the petitioners herein. Aggrieved by the aforesaid verdicts of the courts below, the petitioners are here before this Court with this revision petition.
2. The prosecution case is that on 14.06.1998 at about 10:00 p.m, the petitioners, along with the other accused, formed themselves into an unlawful assembly armed with deadly weapons like iron rods, bamboo sticks etc., and inflicted voluntary hurt and grievous hurt upon PW2 and PW3, who were coming in a car, after waylaying the aforesaid vehicle at the place called ‘Puthenkari’. It is stated that the political animosity of the accused with PW2 & PW3 and their associates, was the motive for the commission of the crime.
3. In the trial before the learned Magistrate, the prosecution examined 14 witnesses as PW1 to PW14, and brought on record eight documents as Exts P1 to P8. 13 material objects were identified and marked as MO1 to MO13. From the part of the accused, three defence witnesses were examined as DW1 to DW3, and eight defence documents were marked as Exts D1 to D8. After analysing the above evidence, the learned Magistrate came to the conclusion that the accused Nos. 1 to 14 committed the offences under Sections 143, 148, 324, 427 & 326 read with Section 149 IPC and convicted them thereunder. They were awarded a sentence of simple imprisonment for six months each for the o
