NAZEEM Vs. STATE OF KERALA

JUDGEMENT

(1.) CRL .R.P.No.1385/2004 was posted today. The same is filed by accused Nos.3 and 4 in Sessions Case No.36/1997 before the Ist Assistant Sessions Judge, Thiruvananthapuram. The 1st accused in the very same Sessions Case has filed Crl.R.P.No. No.1139/2004. That was filed by the same advocate, who is appearing for the petitioners in the other Criminal Revision Petition. Therefore, as agreed to by counsel, Crl.R.P.No.1339/ 2004 was also called for and heard along with the other Criminal Revision Petition.

(2.) THE petitioners in these Criminal Revision Petitions are accused Nos.1, 3 and 4 in Sessions Case No.36/1997 before the Ist Additional Assistant Sessions Judge, Thiruvananthapuram. They were prosecuted for offences punishable under Section 395 of the Indian Penal Code.

(3.) THE prosecution examined PWs 1 to 14, marked Exts.P1 to P9 documents and produced MOs 1 to 3. The accused did not adduce any evidence. After considering the evidence adduced by the prosecution, the Additional Assistant Sessions Judge found four of the six accused including the petitioners in these Criminal Revision Petitions guilty and sentenced them to undergo rigorous imprisonment for seven years each with set off under Section 428 of the Cr.P.C. Accused Nos.5 and 6 were acquitted. Accused Nos.3 and 4 filed Crl.Appeal No.98/1998 and accused Nos. 1 and 2 filed Crl.Appeal No.99/1998 before the Ist Additional Sessions Judge, Thiruvananthapuram. Both the appeals were heard together and by a common judgment, the Sessions Judge confirmed the conviction, but reduced the sentence to rigorous imprisonment for two years and fine of Rs. 2000.00 with a default sentence of simple imprisonment for three months each. Set off was allowed under Section 428 of the Cr.P.C. These Criminal Revision Petitions are filed by accused Nos.1, 3 and 4 challenging the judgments of the courts below.