This criminal revision has been filed by the petitioner / A1 against the Judgment passed by the learned Additional Sessions Judge, Fast Track Court No.II, Tuticorin, Tuticorin District, in C.A.No.123 of 2007, dated 27.03.2008, wherein the Appellate Court has confirmed the conviction and modified the sentence of four months rigorous imprisonment to two months of rigorous imprisonment and confirmed the fine amount of Rs.500/- imposed by the learned by the Judicial Magistrate, Sattankulam, in C.C.No.84 of 2005 dated 26.09.2007, wherein the petitioner / A1 was found guilty and convicted and sentenced to suffer rigorous imprisonment for a period of four months and also imposed a fine of Rs.500/-, in default to suffer rigourous imprisonment for a period of one month for the offence under Section 323 I.P.C.
2. The brief facts of the case are that on 21.05.2003, at about 03.00 p.m., one Anna Saroja / A2 waylaid P.W.1 and the revision petitioner / A1 attacked her with stick on her right elbow, right index finger and left elbow and caused simple injuries. Based on which, a case was registered in Crime No.111 of 2003 by the respondent Police for the offences punishable under
Sections 341,294(b), 323,
325,506(ii) I.P.C., against the accused persons. The case was taken up in C.C.No.84 of 2005, by the learned Judicial Magistrate, Sattankulam. The learned Judicial Magistrate found the revision petitioner / A1 guilty for the offence under
Section 323 I.P.C., and convicted him to suffer rigourous imprisonment for a period of four months and imposed a fine of Rs.500/-, in default to suffer one month rigourous imprisonment and acquitted the co-accused namely Anna Saroja / A2. On appeal preferred by the revision petitioner / A1 in C.A.No.123 of 2007, the learned Additional Sessions Judge, Fast Track Court No.II, Tuticorin, by Judgment, dated 27.03.2008, modified the sentence of four months rigorous imprisonment to two months rigorous imprisonment and confirmed the fine amount of Rs.500/- imposed by the learned Trial Judge. Challenging the same, the present revision has been preferred by the petitioner / A1.
3. The learned counsel for the petitioner / A1 submitted that the incident is an offshoot of a family dispute regarding partition of family properties and that the victim / P.W.1 is none other than the mother of the petitioner and that now the dispute had been compromised and the petitioner and his mother are living under one roof and he preferred the revision only on the question of sentence on the ground that as per
Section 323 I.P.C., the punishment shall be either description for a term which may extend to one year or with fine which may extend to rupees one thousand or with both and prayed for leniency stating that the injury had been caused only with a stick and sought for reduction of sentence imposed on the petitioner by the Courts below.
4. Heard Mr.C.Mayilvahana Rajendran, learned Additional Public Prosecutor appearing for the respondent. He submitted that the petitioner and the victim are son and mother and that the injury was simple in nature caused by using a stick
5. Taking into consideration the submissions made by the learned counsel for the revision petitioner / A1 and the plea of leniency, this Court is inclined to modify the sentence of imprisonment imposed on the petitioner / A1 by the Courts below. Accordingly, the Judgment of the Courts below regarding conviction is confirmed. However, the sentence of imprisonment is hereby set aside and the fine amount is enhanced from Rs.500/- to Rs.1,000/-.
6. The learned counsel for the petitioner brought to the notice of the Court that the fine amount of Rs.500/- has already been paid vide receipt No.682744 and prayed that the petitioner may be permitted to pay the balance fine amount of Rs.500/-. The balance fine amount of Rs.500/- is directed to be paid by the petitioner / A1 within a period of two months from the date of receipt of a copy of this order. On compliance of payment of fine, the bail bond executed by the petitioner / A1 shall stand cancelled.
7. With the above modification, the criminal revision case is partly allowed.
To
1.The Additional Sessions Judge, Fast Track Court No.II, Tuticorin, Tuticorin District.
2.The Judicial Magistrate, Sattankulam.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
4.The Sub-Inspector of Police, Sattankulam Police Station, Tuticorin District.
.