SUBRAHMANIAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner is the appellant in Crl.A.No.930 of 2005 on the file of the Sessions Court, Ernakulam and the accused in CC No.1348 of 2000 on the file of the Judicial First Class Magistrate Court, Perumbavoor. The offences alleged against accused 1 and 2 are punishable under Sections 341, 353, 225B r/w 34 of the Indian Penal Code.

(2.) By its judgment dated 30.09.2003, the learned Magistrate convicted and sentenced the 1st accused to undergo simple imprisonment for six months for the offence punishable under Section 353 of the IPC. The 2nd accused was convicted and sentenced to undergo simple imprisonment for two months for the offence punishable under Section 225B of the IPC. Both accused were found not guilty for the offence punishable under Section 341 r/w 34 of the IPC and accordingly they were acquitted thereunder.

(3.) The 2nd accused preferred Crl.A.No.930 of 2005 before the Sessions Court, Ernakulam, challenging the conviction and sentence. By its judgment dated 30.01.2006, the learned Sessions Judge dismissed the appeal confirming the conviction and sentence rendered by the trial court. Feeling aggrieved, the revision petitioner/2 nd accused is before this Court.