VARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner is the accused in CC No.114 of 2007 on the file of the Judicial First Class Magistrate Court-II, Pathanamthitta and the appellant in Crl.Appeal No.167 of 2010 on the file of the Additional Sessions Judge (Adhoc) Fast Track-III, Pathanamthitta. The offences alleged against the accused are under Sections 324 and 326 of the Indian Penal Code (hereinafter referred to as, " IPC ").

(2.) By the judgment dated 26.04.2010, the learned magistrate convicted and sentenced the accused to undergo rigorous imprisonment for two years and to pay a fine of Rs.10,000/- and in default of payment of fine to undergo rigorous imprisonment for six months more for the offence punishable under Section 326 of the IPC.

(3.) Challenging the conviction and sentence imposed by the trial court, the accused preferred an appeal before the appellate court. By the judgment dated 26.08.2011, the appeal was allowed in part, confirming the conviction and modifying the sentence to undergo rigorous imprisonment for six months and to pay a fine of Rs.10,000/- and in default of payment of fine to undergo simple imprisonment for six months more under Section 326 of the IPC. If the fine amount is realized, an amount of Rs.8,000/- was ordered to be paid to PW1 as compensation under Section 357(1)(b) of the Code of Criminal Procedure (hereinafter referred to as, " Cr.P.C ."). Feeling aggrieved, the accused preferred this revision petition.