SURESH Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner is the 1st accused in CC No. 354 of 1996 on the file of the Judicial First Class Magistrate Court-II, Chengannur. By judgment dated 17.11.1998, the learned magistrate convicted and sentenced the 1st accused to undergo rigorous imprisonment for one year and also to pay a fine of Rs.2,000/- for the offence punishable under Section 326 of the Indian Penal Code (hereinafter referred to as " IPC "), in default to undergo simple imprisonment for three months. The 1st accused was also sentenced to pay a fine of Rs.5,000/- for the offence punishable under Section 427 of the IPC, in default to undergo simple imprisonment for three months. The 2nd accused was sentenced to pay a fine of Rs.2,000/-, in default to undergo simple imprisonment for three months for the offence punishable under Section 324 of the IPC.

(2.) Challenging the conviction and sentence, accused 1 and 2 preferred Crl. Appeal No. 265 of 1998 before the Sessions Court, Alappuzha. By judgment dated 28.11.2003, the learned Additional Sessions Judge-I, Mavelikkara, to whom the case was made over for hearing, allowed the appeal in part confirming the conviction and sentence imposed against the 1st accused for the offence punishable under Section 326 of the IPC. However, accused 1 and 2 were acquitted under Sections 324 and 427 r/w Section 34 of the IPC. Feeling aggrieved, the 1st accused is before this Court in revision.

(3.) Parties are hereinafter referred to as PW1, PW2 and the accused according to their status in the trial court unless otherwise stated.