SANTOSH ALIAS RAJEEVAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The question of law arising for judicial resolution in this revision is as to whether in an appeal by the accused it is permissible for the appellate court to transpose or interchange the dissimilar sentences of imprisonment awarded by the Trial Court in respect of the conviction for two separate offences without enhancing the aggregate sentence imposed by the Trial Court for those offences.

(2.) The revision petitioner who was the 1st accused in C.C. No. 615 of 2000 on the file of the Judicial First Class Magistrate-I, Ottappalam for offences punishable under Sections 457, 461 and 380 r/w Section 34 I.P.C., challenges the conviction entered and the sentence passed concurrently against him by the courts below for offences punishable under Sections 457 and 318 r/w Section 34 I.P.C.

(3.) The case of the prosecution can be summarised as follows: