RAJAGOPAL Vs. AYYAPPAN

JUDGEMENT

(1.) Challenge is raised by accused Nos.1 and 3 to 5 in these revisions against concurrent findings of guilt and passing of orders of conviction and sentence against them by Court of Judicial First Class Magistrate-I, Kottarakkara (for short 'the trial court') and Additional District and Sessions Judge (Adhoc)-II, Kollam (for short 'the appellate court') in CC No.181/1996 and Crl.Appeal Nos.147 and 149 of 2009, respectively for offences punishable under Sections 323 and 324 read with Section 34 of the Indian Penal Code (for short 'IPC')

(2.) By virtue of the judgment under challenge, the accused were found guilty for the offence under Section 324 read with Section 34 IPC and convicted and sentenced to undergo simple imprisonment for one year and to pay a fine of Rs.2,500/- each and in default to undergo simple imprisonment for six months each and also found guilty for the offence under Section 323 read with Section 34 IPC and convicted and sentenced to pay a fine of Rs.1,000/- each and in default of payment of fine to undergo simple imprisonment for three months each. On realisation of the fine amount, Rs.10,000/- out of that was directed to be paid to the complainant as compensation under Section 357(1) of the Code of Criminal Procedure, 1973 (for short "Cr.P.C").

(3.) The accused are policemen of Ezhukone Police Station and the main contentions projected by them in these revisions are that though they were public servants, cognizance was taken by the trial court and they were prosecuted without getting the sanction from the State Government as contemplated under Section 197 Cr.P.C. and therefore, the process of taking cognizance and conduct of trial are vitiated.