LAWS(KER)-2020-10-155

ABHILASH Vs. STATE OF KERALA

Decided On October 21, 2020
ABHILASH Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The revision petitioner was the 1st accused in CC No. 885 of 2000 on the file of the Judicial First Class Magistrate Court, Ramankary and the appellant in Crl. Appeal No. 423 of 2003 on the file of the Additional Sessions Court, Fast Track-II, Alappuzha. The offences alleged against accused 1 to 3 are under Sections 323, 324 and 326 r/w Section 34 of the Indian Penal Code (hereinafter referred to as, " IPC ").

(2.) By the judgment dated 10.10.2003, the learned magistrate convicted the 1st accused to undergo simple imprisonment for one year for the offence under Section 324 of the IPC. However, he was acquitted of the offences punishable under Sections 323 and 326 r/w Section 34 of the IPC. Accused 2 and 3 were acquitted of the offences punishable under Sections 323 , 324 and 326 r/w Section 34 of the IPC.

(3.) Challenging the conviction and sentence, the 1st accused preferred Crl.Appeal No. 423 of 2003 before the Sessions Court, Alappuzha. The appeal was made over to the Additional Sessions Court, Fast Track-II, Alappuzha for hearing and disposal. By its judgment dated 01.06.2006, the learned Additional Sessions Judge dismissed the appeal confirming the conviction and sentence rendered by the trial court. Feeling aggrieved, the 1st accused is before this Court in revision.