KAMAL JAYARANJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner is the accused in C.C.No.1638/2015 on the file of the Judicial First Class Magistrate Court, Chalakudy for the offences punishable under Sections 454 and 380 read with Section 34 of the Indian Penal Code.

(2.) The trial court convicted and sentenced the revision petitioner to undergo rigorous imprisonment for two years and also to pay a fine of Rs.5,000/- and in default of payment of fine to undergo rigorous imprisonment for three months more for the offence punishable under Section 380 of the Indian Penal Code. The revision petitioner was further sentenced to undergo rigorous imprisonment for three years and also to pay a fine of Rs.5,000/- and in default of payment of fine to undergo rigorous imprisonment for three months more under Section 451 of the IPC instead of the offence under Section 454 of the IPC. The revision petitioner was acquitted under Section 248(1) of the Cr.P.C. for the offence punishable under Section 454 of the Indian Penal Code. Crl.R.P.No.826/2018

(3.) The revision petitioner preferred Crl.A.No.298/2016 before the Sessions Court, Thrissur. By judgment dated 27.10.2017, the learned Sessions Judge allowed the appeal in part modifying the sentence imposed on the revision petitioner/accused to undergo rigorous imprisonment for two years and a fine of Rs.5,000/- and in default of payment of fine to undergo rigorous imprisonment for three months more for the offence under Section 380 of the Indian Penal Code. The revision petitioner was further sentenced to undergo rigorous imprisonment for three years and also to pay a fine of Rs.5,000/- and in default of payment of fine to undergo rigorous imprisonment for three months more under Section 451 of the IPC. The above sentences were ordered to run concurrently. The revision petitioner/accused was entitled to get set off for the period already undergone as an under trial prisoner and not as a convict. Feeling aggrieved by the conviction and sentence, the revision petitioner is before this Court.