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2025 DAILYLAW 48075 (KAR)

SURFRAZ S/O ABDUL MUNAF v. THE STATE OF KARNATAKA

CRL.RP/100129/2023 · 2025-03-18

V Srishananda

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:4958 CRL.RP No. 100124 of 2023 C/W CRL.RP No. 100127 of 2023 CRL.RP No. 100128 of 2023 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100124 OF 2023 (397(CR.PC)/438(BNSS)) C/W CRIMINAL REVISION PETITION NO.100127 OF 2023 CRIMINAL REVISION PETITION NO.100128 OF 2023 CRIMINAL REVISION PETITION NO.100129 OF 2023 IN CRL.RP.NO.100124/2023: BETWEEN: 1. ZIYA TAJUDDIN S/O. TAJJUDDIN, AGE: 26 YEARS, OCC. R/O. BADRIYA COLONY, TAGARGOD JALI, TQ. BHATKAL, DIST. UTTARA KANNADA-581320. 2. MR.SAFAN S/O. K.IBRAHIM, AGE: 24 YEARS, OCC. R/O. 1ST CROSS, MOHIDDIN STREET, TQ. BHATKAL, DIST. UTTARA KANNADA-581320. 3. ABDUL REHAMAN S/O. SHABBIR VADKAR, AGE: 26 YEARS, OCC. R/O. BADRIYA COLONY, TAGARGOD JALI, TQ. BHATKAL, DIST. UTTARA KANNADA-581320. …PETITIONERS (BY SRI VENKATESH M.KHARVI, ADVOCATE) AND: THE STATE OF KARNATAKA V N BADIGER Digitally signed by V N BADIGER Date: 2025.03.28 10:41:17 +0530 - 2 - NC: 2025:KHC-D:4958 CRL.RP No. 100124 of 2023 C/W CRL.RP No. 100127 of 2023 CRL.RP No. 100128 of 2023 AND 1 OTHER BY BHATKAL RURAL POLICE, R/BY. S.P.P. HIGH COURT OF KARNATAKA, DHARWAD-581320. …RESPONDENT (BY SRI PRAVEENA Y. DEVAREDDIYAVARA, HCGP) THIS CRIMINAL REVISION PETITION IS FILED U/S. 397 R/W. 401 OF CR.PC., SEEKING TO CALL FOR THE ENTIRE RECORDS ON THE FILE OF JMFC BHATKAL IN CC NO. 935/2014 DATED 11.09.2017 AND ORDER PASSED IN CRL APPEAL NO. 49/2017 PASSED BY II ADDL. DISTRICT AND SESSION JUDGE UTTARA KANNADA, KARWAR DATED 22.12.2022 AND TO ALLOW THIS PETITION BY SETTING ASIDE JUDGMENT DATED 22.12.2022 PASSED BY THE II ADDL DISTRICT AND SESSIONS JUDGE, UTTARA KANNADA, KARWAR IN CRL.APPEAL NO. 49/2017 AND CONSEQUENTLY SET ASIDE THE ORDER PASSED IN CC NO. 935/2014 ON THE FILE JMFC BHATKAL DATED 11.09.2017 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 447, 448, 341, 323, 324, 326, 506 AND 427 R/W. 149 OF IPC AND SECTIONS 3(2) (a) OF THE PREVENTION OF DAMAGE TO PUBLIC PROPERTY ACT 1984, SO FAR AS ACCUSED NOS. 2,4 AND 5 ARE CONCERN. IN CRL.RP.NO.100127/2023: BETWEEN: IRFAN S/O. MEHABOOBSAB, AGE: 34 YEARS, OCC. R/O. TAGARGOD, TQ. BHATKAL, DIST. UTTAR KANNADA-581320. …PETITIONER (BY SRI VENKATESH M. KHARVI, ADVOCATE) AND: THE STATE OF KARNATAKA BY BHATKAL RURAL POLICE, R/BY. S.P.P. HIGH COURT OF KARNATAKA, DHARWAD …RESPONDENT (BY SRI PRAVEENA Y. DEVAREDDIYAVARA, HCGP) THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397 R/W. 401 OF CR.P.C. SEEKING TO CALL FOR THE ENTIRE RECORDS ON THE FILE OF JMFC BHATKAL IN C.C.NO. 935/2014 DATED 11.09.2017 AND ORDER PASSED IN CRL. APPEAL NO. 48/2017 - 3 - NC: 2025:KHC-D:4958 CRL.RP No. 100124 of 2023 C/W CRL.RP No. 100127 of 2023 CRL.RP No. 100128 of 2023 AND 1 OTHER PASSED BY II ADDL. DISTRICT AND SESSION JUDGE UTTARA KANNADA, KARWAR DATED 22.12.2022 AND ALLOW THIS PETITION BY SETTING ASIDE JUDGMENT DATED 22.12.2022 PASSED BY THE II ADDL. DISTRICT AND SESSIONS JUDGE, UTTARA KANNADA, KARWAR IN CRL.APPEAL NO. 48/2017 AND CONSEQUENTLY SET ASIDE THE ORDER PASSED IN C.C.NO. 935/2014 ON THE FILE JMFC BHATKAL DATED 11.09.2017 FOR THE OFFENCE PUNISHABLE U/SECTIONS 143, 147, 447, 448, 341, 323, 324, 326, 506 AND 427 R/W. 49 OF IPC AND SECTIONS 3(2)(a) OF THE PREVENTION OF DAMAGE TO PUBLIC PROPERLY ACT, 1984 IN SO FAR AS ACCUSED NO.1 IS CONCERN. IN CRL.RP.NO.100128/2023: BETWEEN: 1. ISMAIL S/O. ABUDL MAJID, AGE: 24 YEARS, OCC. R/O. BENDEKHAN, TQ. BHATKAL, DIST. UTTARA KANNADA-581320. 2. NURULLA ISLAM S/O. MOHIDIN SIDDIBAPPA, AGE: 28 YEARS, OCC. R/O. MUSANAGAR, BENDAKHAN, NEAR ISUF PALI, BHATKAL, TQ. BHATKAL, DIST. UTTARA KANNADA-581320. 3. ALI S/O. MOHAMMAD HANIF SHIEK, AGE: 23 YEARS, OCC. R/O. NEAR MURMARG, BHATKAL, TQ. BHATKAL, DIST. UTTARA KANNADA-581320. …PETITIONERS (BY SRI VENKATESH M. KHARVI, ADVOCATE) AND: THE STATE OF KARNATAKA BY BHATKAL RURAL POLICE, R/BY. S.P.P. HIGH COURT OF KARNATAKA, DHARWAD. …RESPONDENT (BY SRI PRAVEENA Y. DEVAREDDIYAVARA, HCGP) THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397 R/W. 401 OF CR.P.C. SEEKING TO CALL FOR THE ENTIRE RECORDS ON THE FILE OF LEARNED JMFC BHATKAL IN C.C.NO. 935/2014 DATED 11.09.2017 AND ORDER PASSED IN CRL. APPEAL NO. - 4 - NC: 2025:KHC-D:4958 CRL.RP No. 100124 of 2023 C/W CRL.RP No. 100127 of 2023 CRL.RP No. 100128 of 2023 AND 1 OTHER 45/2017 PASSED BY II ADDL. DISTRICT AND SESSION JUDGE UTTARA KANNADA, KARWAR DATED 22.12.2022 AND ALLOW THIS PETITION BY SETTING ASIDE JUDGMENT DATED 22.12.2022 PASSED BY THE II ADDL. DISTRICT AND SESSIONS JUDGE, UTTARA KANNADA, KARWAR IN CRL.APPEAL NO. 45/2017 AND CONSEQUENTLY SET ASIDE THE ORDER PASSED IN C.C.NO. 935/2014 ON THE FILE JMFC BHATKAL DATED 11.09.2017 FOR THE OFFENCE PUNISHABLE U/SECTIONS 143, 147, 447, 448, 341, 323, 324, 326, 506 AND 427 R/W. 149 OF IPC AND SECTIONS 3(2)(a) OF THE PREVENTION OF DAMAGE TO PUBLIC PROPERLY ACT, 1984 IN SO FAR AS ACCUSED NOS. 6, 7 AND 8 IS CONCERN. IN CRL.RP.NO.100129/2023: BETWEEN: SURFRAZ S/O. ABDUL MUNAF, AGE: 26 YEARS, OCC. R/O. BADRIYA COLONY, TAGARGOD JALI, TQ. BHATKAL, DIST. UTTARA KANNADA-581320. …PETITIONER (BY SRI VENKATESH M. KHARVI, ADVOCATE) AND: THE STATE OF KARNATAKA BY BHATKAL RURAL POLICE, R/BY. S.P.P. HIGH COURT OF KARNATAKA, DHARWAD. …RESPONDENT (BY SRI PRAVEENA Y. DEVAREDDIYAVARA, HCGP) THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397 R/W. 401 OF CR.P.C. SEEKING TO CALL FOR THE ENTIRE RECORDS ON THE FILE OF LEARNED JMFC BHATKAL IN C.C.NO. 227/2015 DATED 11.09.2017 AND ORDER PASSED IN CRL. APPEAL NO. 50/2017 PASSED BY II ADDL. DISTRICT AND SESSION JUDGE UTTARA KANNADA, KARWAR DATED 22.12.2022 AND ALLOW THIS PETITION BY SETTING ASIDE JUDGMENT DATED 22.12.2022 PASSED BY THE II ADDL. DISTRICT AND SESSIONS JUDGE, UTTARA KANNADA, KARWAR IN CRL.APPEAL NO. 50/2017, AND CONSEQUENTLY SET ASIDE THE ORDER PASSED IN C.C.NO. 227/2015 ON THE FILE JMFC BHATKAL DATED 11.09.2017 FOR THE OFFENCE PUNISHABLE U/SECTIONS 143, 147, 447, 448, 341, 323, 324, 326, 506 AND R/W. 149 OF IPC AND SECTIONS 3(2)(a) OF THE PREVENTION OF DAMAGE TO PUBLIC PROPERLY ACT, 1984 IN SO FAR AS ACCUSED NO. 3 IS CONCERN. - 5 - NC: 2025:KHC-D:4958 CRL.RP No. 100124 of 2023 C/W CRL.RP No. 100127 of 2023 CRL.RP No. 100128 of 2023 AND 1 OTHER THESE PETITIONS, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri.Venkatesh M. Kharvi, learned counsel for the revision petitioners and Sri.Praveena Devareddiyavara, learned High Court Government Pleader for respondent-State. 2. In all these petitions, the revision petitioners are the accused before the trial court who suffered an order of conviction in CC No.935/2014 and sentenced as under: “In the present case as the prosecution has proved the guilt of the accused No. 1, 2, 4, 5, 6, 7 and 8 beyond reasonable doubt, considering the factual circumstances of the case and in the interest of justice, accused No. 1, 2, 4, 5, 6, 7 and 8 are hereby fined Rs.1,000/- each, for the offence punishable U/sec. 143 of IPC. In case accused No.1, 2, 4, 5, 6, 7 and 8 commit default in paying the fine amount they shall undergo simple - 6 - NC: 2025:KHC-D:4958 CRL.RP No. 100124 of 2023 C/W CRL.RP No. 100127 of 2023 CRL.RP No. 100128 of 2023 AND 1 OTHER imprisonment for 2 months each. Acting under Sec.357 of Cr.P.C, it is hereby directed that out of the fine amount imposed on Accused No.1, 2, 4, 5, 6, 7 and 8 Rs.5,000/- shall be paid to the complainant as compensation and remaining fine amount shall be defrayed to the state. Accused No.1, 2, 4, 5, 6, 7 and 8 are hereby fined Rs.2,000/- each, for the offence punishable U/sec.147 of IPC. In case accused No.1, 2, 4, 5, 6, 7 and 8 commit default in paying the fine amount they shall undergo simple imprisonment for 4 months. Acting under Sec.357 of Cr.P.C, it is hereby directed that out of the fine amount imposed on Accused No.1, 2, 4, 5, 6, 7 and 8 Rs.10,000/- shall be paid to the complainant as compensation and remaining fine amount shall be defrayed to the state. Accused No.1, 2, 4, 5, 6, 7 and 8 are hereby fined Rs.500/- each, for the offence punishable U/sec.447 of IPC. In case accused No.1, 2, 4, 5, 6, 7 and 8 commit default in paying the fine amount they shall undergo simple imprisonment for 1 month. Acting under Sec.357 of Cr.P.C, it is hereby directed that out - 7 - NC: 2025:KHC-D:4958 CRL.RP No. 100124 of 2023 C/W CRL.RP No. 100127 of 2023 CRL.RP No. 100128 of 2023 AND 1 OTHER of the fine amount imposed on Accused No.1, 2, 4, 5, 6, 7 and 8 Rs.2,000/- shall be paid to the complainant as compensation and remaining fine amount shall be defrayed to the state. Accused No.1, 2, 4, 5, 6, 7 and 8 are hereby fined Rs.1,000/- each, for the offence punishable U/sec.448 of IPC. In case accused No.1, 2, 4, 5, 6, 7 and 8 commit default in paying the fine amount they shall undergo simple imprisonment for 2 months. Acting under Sec.357 of Cr.P.C, it is hereby directed that out of the fine amount imposed on Accused No.1, 2, 4, 5, 6, 7 and 8 Rs.5,000/- shall be paid to the complainant as compensation and remaining fine amount shall be defrayed to the state. Accused No.1, 2, 4, 5, 6, 7 and 8 are hereby fined Rs.500/- each, for the offence punishable U/sec.341 of IPC. In case accused No.1, 2, 4, 5, 6, 7 and 8 commit default in paying the fine amount they shall undergo simple imprisonment for 1 month. Acting under Sec.357 of Cr.P.C, it is hereby directed that out of the fine amount imposed on Accused No.1, 2, 4, 5, 6, 7 and 8 Rs.2,000/- shall be paid to - 8 - NC: 2025:KHC-D:4958 CRL.RP No. 100124 of 2023 C/W CRL.RP No. 100127 of 2023 CRL.RP No. 100128 of 2023 AND 1 OTHER P.W.4-Satish Naik as compensation and remaining fine amount shall be defrayed to the state. Accused No.1, 2, 4, 5, 6, 7 and 8 are hereby fined Rs.1,000/- each, for the offence JU Punishable U/sec.323 of IPC. In case accused No.1, 2, 4, 5, 6, 7 and 8 commit default in paying the fine amount they shall undergo simple imprisonment for two months. Acting under Sec.357 of Cr.P.C, it is hereby directed that out of the fine amount imposed on Accused No.1, 2, 4, 5, 6, 7 and 8 Rs.5,000/- shall be paid to the complainant as compensation and remaining fine amount shall be defrayed to the state. Accused No.1, 2, 4, 5, 6, 7 and 8 are hereby fined Rs.6,000/- each, for the offence punishable U/sec.324 of IPC. In case accused No.1, 2, 4, 5, 6, 7 and 8 commit default in paying the fine amount they shall undergo simple imprisonment for one year. Acting under Sec.357 of Cr.P.C, it is hereby directed that out of the fine amount imposed on Accused No.1, 2, 4, 5, 6, 7 and 8 Rs.25,000/- shall be paid to the complainant as compensation and - 9 - NC: 2025:KHC-D:4958 CRL.RP No. 100124 of 2023 C/W CRL.RP No. 100127 of 2023 CRL.RP No. 100128 of 2023 AND 1 OTHER remaining fine amount shall be defrayed to the state. Accused No.1, 2, 4, 5, 6, 7 and 8 are hereby punished with rigorous imprisonment for a term of 3 years each for the offence punishable under Sec.326 of IPC and also fined of Rs.8,000/- each, for the offence punishable U/sec. 326 of IPC. In case accused No.1, 2, 4, 5, 6, 7 and 8 commit default in paying the fine amount they shall undergo simple imprisonment for one year and two months. Acting under Sec. 357 of Cr.P.C, it is hereby directed that out of the fine amount imposed on Accused No.1, 2, 4, 5, 6, 7 and 8 Rs.40,000/- shall be paid to the complainant as compensation and remaining fine amount shall be defrayed to the state. Accused No.1, 2, 4, 5, 6, 7 and 8 are hereby fined Rs.1,000/- each, for the offence punishable U/sec.427 of IPC. In case accused No.1, 2, 4, 5, 6, 7 and 8 commit default in paying the fine amount they shall undergo simple imprisonment for 2 months. Acting under Sec.357 of Cr.P.C, it is hereby directed that out of the fine amount imposed on Accused No.1, 2, 4, 5, 6, 7 and 8 Rs.5,000/- - 10 - NC: 2025:KHC-D:4958 CRL.RP No. 100124 of 2023 C/W CRL.RP No. 100127 of 2023 CRL.RP No. 100128 of 2023 AND 1 OTHER shall be paid to the HESCOM, BHATKAL as compensation and remaining fine amount shall be defrayed to the state. Accused No.1, 2, 4, 5, 6, 7 and 8 are hereby punished with rigorous imprisonment for a term of 3 years each for the offence punishable under Sec.3 (2) (a) of The Prevention of Damage to Public Property Act, 1984 and also fined of Rs.8,000/- each. In case accused No.1, 2, 4, 5, 6, 7 and 8 commit default in paying the fine amount they shall undergo simple imprisonment for one year and two months. Acting under Sec.357 of Cr.P.C, it is hereby directed that out of the fine amount imposed on Accused No.1, 2, 4, 5, 6, 7 and 8 Rs.40,000/-shall be paid to the HESCOM, BHATKAL as compensation and remaining fine amount shall be defrayed to the state. All the punishments of imprisonment shall run concurrently. Bail bond and surety bond of accused No.1, 2, 4, 5, 6, 7 and 8 shall stand cancelled.” 3. The revision petitioners challenged the validity of the order of conviction and sentence before the First - 11 - NC: 2025:KHC-D:4958 CRL.RP No. 100124 of 2023 C/W CRL.RP No. 100127 of 2023 CRL.RP No. 100128 of 2023 AND 1 OTHER Appellate Court in Crl.A.Nos.45/2017, 48/2017, 49/2017 and 50/2017. 4. Learned judge in the first appellate Court after securing the records heard the arguments of the parties in detail and by considered judgment dated 22.12.2022 confirmed the order of conviction and sentence. 5. Being aggrieved by the same, accused persons are before this Court as revision petitioners. 6. Essential factual matrix for disposal of the revision petitions are as under: 7. An ugly incident occurred on 25.09.2013 at about 8:45 P.M., in the restricted area belonging to HESCOM situated at Hebal village, Bhatkal Taluka. In the said incident, all the revision petitioners formed an unlawful assembly and in furtherance of the common object, they gained entry inside the said restricted area, on the ground that because of the negligence of the officials of HESCOM, Kumari Nazima died due to electrocution at Firdos nagar at about 6:35 PM and picked up the quarrel with the officials of HESCOM. - 12 - NC: 2025:KHC-D:4958 CRL.RP No. 100124 of 2023 C/W CRL.RP No. 100127 of 2023 CRL.RP No. 100128 of 2023 AND 1 OTHER 8. They restrained the free movement of CW.4 and they assaulted the complainant with clubs. They have caused damages to the property belonging to HESCOM by ransacking the office. They also threatened CW.4 with dire consequences and thereby committed the offence of trespass, restraining of free movement of the Government of Officials and discharging their duty. As a result, there were injuries sustained by the complainant and the CW.4. 9. Based on the complaint, a complaint came to be registered with Bhatkal Police against the revision petitioners for the offences punishable under Sections 143, 147, 447, 448, 341, 323, 324, 326, 427, 506 read with Section 149 of the Indian Penal Code (for short, ‘the IPC’) and Section 3(2)(a) of Prevention of Damage to the Public Property 1984. 10. After thorough investigation, Police have filed charge sheet interalia arrested the accused persons. 11. On receipt charge sheet, learned trial Magistrate took cognizance and secured the presence of accused persons and framed the charges. - 13 - NC: 2025:KHC-D:4958 CRL.RP No. 100124 of 2023 C/W CRL.RP No. 100127 of 2023 CRL.RP No. 100128 of 2023 AND 1 OTHER 12. Accused persons pleaded not guilty. Therefore, trial was held. 13. In order to prove the case of the prosecution in all 9 witnesses were examined comprising of complainant injured witness, spot mahazar witnesses, doctor who issued the wound certificate of the injured and the Investigation Agency and placed on record 20 documents which were exhibited and marked as Exs.P.1 to 20 and also 3 material objects namely club, stone, piece of leg of a fibre chair as M.O.Nos.1 to 3. 14. On conclusion of the recording of evidence, learned trial Judge proceeded to examine the accused persons and recorded their statements as is contemplated under Section 313 of the Criminal Procedure Code (for short, ‘the Cr.P.C.’). 15. All the accused persons denied the incriminating materials but failed to place any written submission on record as is contemplated under Section 313(4) of the Cr.P.C. nor placed any defence evidence. - 14 - NC: 2025:KHC-D:4958 CRL.RP No. 100124 of 2023 C/W CRL.RP No. 100127 of 2023 CRL.RP No. 100128 of 2023 AND 1 OTHER 16. Thereafter, learned trial Magistrate heard the parties in detail and on cumulative consideration of oral and documentary evidence placed on record, convicted the accused for the aforesaid offences and sentenced them as referred to supra. 17. Being aggrieved by the same, accused persons filed an appeal before the District Court in Crl.A.Nos.45/2017, 48/2017, 49/2017 and 50/2017. 18. Learned Judge in the First Appellate Court while maintaining the order of conviction of the accused persons, modified the sentence of imprisonment from 2 years to 8 months. 19. Being further aggrieved by the same, accused persons are before this Court. 20. Sri.Venkatesh M. Kharvi, learned counsel for the revision petitioners reiterating the grounds urged in the revision petitions vehemently contended that both the Courts have not properly appreciated the material evidence on record and wrongly convicted the accused persons and sought for allowing the revision petitions. - 15 - NC: 2025:KHC-D:4958 CRL.RP No. 100124 of 2023 C/W CRL.RP No. 100127 of 2023 CRL.RP No. 100128 of 2023 AND 1 OTHER 21. He would further contend that genesis of the crime is on account of the electrocuting a girl by name Nazima on account of the negligence on the part of the HESCOM officials. As such, the accused persons had been to the office of the HESCOM in order to enquire about the incident and at that juncture, on account of the altercation, incident has occurred at spur of the moment. Therefore, accused persons are not guilty of the aforesaid offences and sought for allowing revision petitions. 22. Alternatively Sri.Venkatesh, M. Kharvi, would contend that in the event this Court upholding the order of conviction, taking note of the fact that all the revision petitioners are eking out their livelihood by doing labour work or driving the private vehicles, they have got families to maintain and young children, this Court may consider the case of the revision petitioners sympathetically and treat the custody period already undergone by them as the period of imprisonment for proved offences by enhancing the fine amount reasonably and sought for allowing the revision petitions. - 16 - NC: 2025:KHC-D:4958 CRL.RP No. 100124 of 2023 C/W CRL.RP No. 100127 of 2023 CRL.RP No. 100128 of 2023 AND 1 OTHER 23. Per contra, Sri.Praveena Devareddirayavara, learned High Court Government Pleader for respondent- State supports the impugned order. 24. He would further contend that material on record would be sufficient enough to hold that it is the high handed action attributable to the accused which has resulted in incident and sought for dismissal of the revision petition 25. He would further contend that the photographs produced on behalf of the prosecution marked place Ex.P.2 to 5 and the wound certificate issued by the doctor who has been examined as PW.8 would sufficiently established the nature of incident and high handed action on the part of the accused persons. 26. Assuming that Kumari Nazima has died on account of the negligence of the HESCOM Officials, neither the complainant nor CW.4 is responsible for the same and instead of taking action in accordance with law for the negligence of HESCOM Officials, all the revision petitioners have taken law in their own hands and have ransacked the - 17 - NC: 2025:KHC-D:4958 CRL.RP No. 100124 of 2023 C/W CRL.RP No. 100127 of 2023 CRL.RP No. 100128 of 2023 AND 1 OTHER office of the HESCOM, resulting not only damage to public property but also to the complainant and CW.4. Therefore, the accused cannot be shown any lenience or mercy. 27. He would further contend that under the Section 3(2)(a) of the Prevention of Damage to the Public Property Act, there is a minimum punishment of 6 months prescribed and rigorous imprisonment of 6 months and therefore, the alternate submission are made on behalf of the accused persons cannot be countenanced in law and sought for dismissal of the revision petition in toto. 28. Having heard the arguments of both sides, this Court perused the material on record meticulously. On such perusal of material on record, following points would arise for consideration: i. Whether revision petitioners would make out the case that the impugned judgments are suffering from legal infirmities, perversity and thus sought for interference? ii. Whether the sentence needs modification? iii. What order? - 18 - NC: 2025:KHC-D:4958 CRL.RP No. 100124 of 2023 C/W CRL.RP No. 100127 of 2023 CRL.RP No. 100128 of 2023 AND 1 OTHER REGARDING POINT NO.1: 29. In the case on hand, accused persons entering into the restricted area of HESCOM Office and picking up the quarrel with CW.4 and other Officials present in the HESCOM Office on 25.09.2013 at 8.45 p.m., stands established by placing necessary oral and documentary evidence on record. 30. Admittedly, the accused persons have ransacked the office of the HESCOM on the ground that Kumari Nazima got electrocuted on account of the negligence of the Officials HESCOM in Firdos Nagar at about 6:35 p.m., on the same day. The action attributable to the accused is depicted not only from the oral testimony of the prosecution witnesses but also from the photographs that has been placed on record which is not in dispute. Material objects marked at M.O.Nos.1 to 3 substantially establish the case of the prosecution as well. 31. In the absence of previous enmity or animosity why would the complainant foist a false case against the - 19 - NC: 2025:KHC-D:4958 CRL.RP No. 100124 of 2023 C/W CRL.RP No. 100127 of 2023 CRL.RP No. 100128 of 2023 AND 1 OTHER accused persons is a question that remains unanswered on behalf of the revision petitioners. 32. Material on record, the wound certificate issued by PW.8 vide Ex.P.16 and discharge summary vide Ex.P.14 would sufficiently establish that injured has suffered grievous injury. X-ray film is also made as part of the Court record. No injured witness would falsely implicate accused persons leaving aside the real culprit. 33. Further, there is no explanation offered by the accused persons while recording the accused statement insofar as the incident is concerned. Photographs marked at Exs.P.2 to 5 would sufficiently corroborate the oral testimony of the prosecution witnesses. 34. All these aspects of the matter have been rightly appreciated by the learned trial Judge and re appreciated by the learned Judge in the First Appellate Court while recording an order of conviction. 35. Having regard to the limited power of the rivisional jurisdiction, this Court is unable to agree with the submissions made on behalf of the accused persons that - 20 - NC: 2025:KHC-D:4958 CRL.RP No. 100124 of 2023 C/W CRL.RP No. 100127 of 2023 CRL.RP No. 100128 of 2023 AND 1 OTHER the conviction order is suffering from legal infirmity or perversity. Therefore, Point No.1 needs to be answered in negative. REGARDING POINT NO.2: 36. Insofar as sentence is concerned, the trial Judge has awarded 2 years imprisonment which has been modified by the First Appellate Court for a period of eight months. Taking note of the fact that incident has occurred at the spur of the moment and also taking note of the fact that the accused persons are eking out their livelihood by doing coolie work and driving the private vehicles and they have got families to maintain and young children are dependent on their earning, custody period already undergone by each of the accused, if treated as period of imprisonment by enhancing the fine amount in a sum of Rs.75,000/- payable by each of the accused persons exclusively of fine amount already deposited before the trial Court as per the orders of the trial Court and the First Appellate Court in 3 installments commencing from - 21 - NC: 2025:KHC-D:4958 CRL.RP No. 100124 of 2023 C/W CRL.RP No. 100127 of 2023 CRL.RP No. 100128 of 2023 AND 1 OTHER 30.04.2025 in a sum of Rs.25,000/- each installment would meet the ends of justice. Accordingly, Point No.2 is answered partly in the affirmative. REGARDING POINT NO.3: 37. In view of the findings of this Court on points Nos.1 and 2 as above, the following order is passed. ORDER (i) Criminal Revision Petitions are allowed in part. (ii) While maintaining the conviction of each of the revision petitioners for the offences punishable under Sections 143, 147, 447, 448, 341, 323, 324, 326, 427, 506 read with Section 149 of the IPC and Section 3(2)(a) of Prevention of Damage to the Public Property 1984, the sentence of imprisonment ordered by trial Magistrate modified by the First Appellate Court is further modified by directing the period of judicial custody already undergone by the each of the revision petitioners is treated as - 22 - NC: 2025:KHC-D:4958 CRL.RP No. 100124 of 2023 C/W CRL.RP No. 100127 of 2023 CRL.RP No. 100128 of 2023 AND 1 OTHER period of imprisonment by directing the each of the revision petitioners to pay enhanced fine amount of Rs.75,000/- (exclusive of fine amount) already imposed by trial Magistrate confirmed by the First Appellate Court in 3 installments commencing from 30.04.2025 in sum of Rs.25,000/- and 30.05.2025 in a sum of Rs.25,000/- and last installment on 30.06.2025 in a sum of Rs.25,000/- and remaining period of sentence stand set aside. (iii) Failure to pay the enhanced fine amount of Rs.75,000/- the order of the trial Magistrate modified by the First Appellate Court stands restored automatically. (iv) After the receipt of the enhanced fine amount in a sum of Rs.50,000/- is order to be paid as compensation to injured PW.1 under due identification. Sum of Rs.1,00,000/- is order to be paid as compensation to the HESCOM office which is exclusive of the compensation and damages already ordered by the trail Magistrate and confirmed by the First Appellate Court. - 23 - NC: 2025:KHC-D:4958 CRL.RP No. 100124 of 2023 C/W CRL.RP No. 100127 of 2023 CRL.RP No. 100128 of 2023 AND 1 OTHER (v) Office to return the Trial Court records along with a copy of this order for issuance of modified conviction warrant. SD/- (V.SRISHANANDA) JUDGE AC CT:PA LIST NO.: 2 SL NO.: 34