P.JAYARAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Revision petition is filed by the revision petitioner/the first accused challenging the conviction and sentence passed by the Judicial First Class Magistrate Court, Kuthuparamba in C.C.No.629/1994, which is confirmed in Crl.A.No.118/1997 of the Sessions Court, Thalasserry, with modification.

(2.) The petitioner was convicted under Sections 143, 148,447,353 and 427 r/w.149 of IPC and 3(2)(e) of the Prevention of Damage to Public Property Act,1984 (hereinafter referred to as 'the PDPP Act') and sentenced to undergo rigorous imprisonment for one month each u/Ss.143 and 447 r/w S.149 of IPC , rigorous imprisonment for six months each u/Ss.148 and 353 r/w. S.149 IPC , rigorous imprisonment for three months under S.427 r/w S.149 IPC , rigorous imprisonment for one year u/S.3(2)(e) of the PDPP Act r/w S.149 IPC . In addition to the above, the 1st accused was directed to pay an amount of Rs.15,000/- as compensation to the Government of India and in default, to undergo rigorous imprisonment for six months u/s.357(3) of Cr.PC . That apart, he was directed to pay an amount of Rs.1000/- each as compensation to PWs.1 and 2 and in default, to undergo rigorous imprisonment for two weeks each. Total period of imprisonment to be undergone comes to two years and five months. The above sentences were ordered to run consecutively.

(3.) In appeal, the appellate court modified the sentence holding that the substantive sentences imposed by the trial court should run concurrently. In all other respects, the appellate court confirmed the findings of the trial court.