KOLLI THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioners are accused 1 and 2 in CC No. 497 of 1998 on the file of the Judicial First Class Magistrate Court-I, Sulthanbathery, which arose from Crime No. 112 of 1998 of the Ambalavayal Police Station for the offences punishable under Sections 452, 323, 354, 427, 506(ii) r/w Section 34 of the Indian Penal Code (hereinafter referred to as, " IPC ").

(2.) By the judgment dated 25.10.2002, the learned magistrate convicted and sentenced the 1st accused to undergo simple imprisonment for three months each for the offences punishable under Sections 448 and 354 of the IPC. For the offences punishable under Sections 448 , 354 , 427 and 506(ii) of the IPC, the 2nd accused was convicted and sentenced to undergo simple imprisonment for three months each. The 2nd accused was convicted and sentenced to pay a fine of Rs.5,000/- for the offence under Section 427 of the IPC and in default of payment of fine to undergo simple imprisonment for one month more. The 1st accused was found not guilty of the offences punishable under Sections 323 , 427 and 506(ii) of the IPC and accordingly, the 1st accused was acquitted thereunder. Feeling aggrieved, the revision petitioners preferred Crl.Appeal No.189 of 2002 before the Additional Sessions Judge (Adhoc)-I, Kalpetta.

(3.) By the judgment dated 21.06.2006, the learned Additional Sessions Judge allowed the appeal in part, confirming the conviction and sentence imposed against the 1st accused for the offences punishable under Sections 448 and 354 of the IPC and the conviction and sentence imposed against 2nd accused for the offences punishable under Sections 448 , 354 and 427 of the IPC. However, the conviction of the 2nd accused for the offence under Section 506(ii) of the IPC was modified and he was convicted and sentenced to undergo imprisonment for three months under Section 506(i) of the IPC.