KUTTIKRISHNAN K.M. Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner was the 2nd accused in CC No. 589 of 2006 on the file of the Judicial First Class Magistrate Court (Marad Cases), Kozhikode and the appellant in Crl. Appeal No. 592 of 2008 on the file of the Additional Sessions Court Fast Track (Adhoc-I), Kozhikode. The offence alleged against accused 1 and 2 is punishable under Section 392 r/w Section 34 of the Indian Penal Code (hereinafter referred to as, " IPC ") pertaining to Crime No. 242 of 2004 of Nadakkavu Police Station for the offence punishable under Section 392 r/w Section 34 of the IPC.

(2.) By judgment dated 10.06.2008, the learned magistrate convicted and sentenced the 1st accused to undergo simple imprisonment for a period of one year for the offence punishable under Section 392 r/w Section 34 of the IPC. The 2nd accused was convicted and sentenced to undergo simple imprisonment for one year and also to pay a fine of Rs.2,000/- and in default of payment of fine to undergo simple imprisonment for a period of one month more for the offence punishable under Section 392 r/w Section 34 of the IPC.

(3.) Challenging the conviction and sentence imposed by the trial court, the 2 nd accused preferred Crl. Appeal No. 592 of 2008 before the appellate court. By judgment dated 24.04.2009, the learned Additional Sessions Judge dismissed the appeal, confirming the conviction and sentence imposed by the trial court. Feeling aggrieved, the 2nd accused has preferred this revision before this Court.