MURALI Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner is the 1st accused in CC No. 101/2003 of the Judicial First Class Magistrate Court, Nedumkandom and the appellant in Crl. Appeal No. 125/2005 of the Additional Sessions Judge, Thodupuzha. The offences alleged against the revision petitioner/1st accused are under Sections 409 and 420 r/w Section 34 of the Indian Penal Code (hereinafter referred to as " IPC "). By judgment dated 31.03.2005, the learned magistrate convicted and sentenced the 1st accused for the offences punishable under Sections 409 and 420 r/w Section 34 of the IPC. For the offence under Section 409 of the IPC, the 1st accused was sentenced to undergo simple imprisonment for one year and a fine of Rs.2,000/- and in default to undergo simple imprisonment for two months more. For the offence under Section 420 of the IPC, he was sentenced to undergo simple imprisonment for one year and a fine of Rs.1,000/- and in default of payment of fine to undergo simple imprisonment for one month more. The above sentences were ordered to run concurrently. Feeling aggrieved, the 1st accused is before this Court in revision.

(2.) Prosecution case, in brief, is herein below: The 1st accused is the Secretary of a charitable society under the name and style, "Balagram Kurumulaku Samrakshana Samithi" (hereinafter referred to as "Samithi") and accused Nos.3 and 4 are the bearers of the Samithi. On 15.07.1996, the 1st accused received permit for collecting fungicides from the Agricultural Officer, Pampadumpara. As per schedule, fungicides were to be collected from the Service Co-operative Bank, Balagram (hereinafter referred to as "Bank"). Accordingly, the 1st accused received 40 kg of Copper Sulphate from the salesman of the Bank. The 1st accused did not take the same to the office of the Samithi. He transported the same to Cumbum in Tamilnadu and sold the same to one Sultan Mydeen. It is alleged that all the accused in furtherance of their common intention committed the said offences. All the accused put metal pieces in the sack and kept the sack at the Samithi Office. Thus, the accused committed the offences under Sections 420 and 409 r/w Section 34 of the IPC.

(3.) Since accused Nos. 1 and 3 did not appear before the trial court, the case against them was split up and refiled as CC No. 101/2003. After the trial, accused No.3 was acquitted and the 1st accused was convicted and sentenced as stated in the first paragraph of this judgment. The 2nd and the 4th accused were acquitted by the learned magistrate in CC No.82 of 1997 earlier.