ARAVINDAKSHAN PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Revision Petition is filed against the concurrent findings in C.C. No. 77/1999 on the file of the Judicial First Class Magistrate Court, Ranny and Criminal Appeal No. 88/2002 dated 22.12.2005 on the file of the Additional Sessions Judge, Pathanamthitta. Revision petitioner is the sole accused in crime No. 97/1998 of Vechoochira Police Station. The offence alleged is under S. 498A of I.P.C. The Trial Court after taking cognizance of the said offence examined 11 witnesses and also marked 10 documents. One witness was examined on the side of defence.

(2.) The Trial Court after appreciating the materials, convicted the accused under S. 498A of I.P.C. and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 5,000/- with a default sentence of simple imprisonment for six months. Against the above conviction and sentence, the revision petitioner herein preferred an appeal before the Sessions Court. After hearing the parties, Appellate Court upheld the conviction and modified and reduced the substantive sentence to rigorous imprisonment for one year. Aggrieved by the above concurrent findings of guilty and the sentence now imposed by the Sessions Court, this Revision Petition is filed.

(3.) As a Revisional Court, the jurisdiction of this court is extremely narrow. This Court can interfere with the findings of the trial court and the Appellate Court only when there is illegality, perversity or caused miscarriage of justice. If the perusal of records reveals that it is a matter where revisional powers are to be used, it can be seen that the power is very wide. If the conclusions of the court below are based on inferences not drawn on established facts and legally legitimate materials, the finding is liable to be set aside. Keeping in mind the permissible parameters provided in a revisional matter, the findings and conclusions arrived at by the courts below are scrutinised.