THIMMAPPA PATALI Vs. STATE

JUDGEMENT

(1.) In this writ petition as amended the prayer of the petitioner is for a direction to the 3rd respondent Home Secretary, Union of India, to consider and dispose of Ext. P5 representation dt. 1.4.2005 for commutation of the sentence under S.433 of the Code of Criminal Procedure, 1973 ("Cr.P.C." for short).

(2.) The Petitioner was the accused in C. C. No. 256/93 on the file of the Chief Judicial Magistrate's Court, Kassargod, for an offence punishable under S.3, S.25(1B)(a) of the Arms Act, 1959. He was convicted and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.2000 as per Ext. P1 judgment dt. 22.11.1995. The said judgment was confirmed by the Sessions Judge, Kasargod in Ext. P2 judgment. A revision filed by the petitioner as Crl. R. P. No. 547/96 before this Court was dismissed confirming the conviction, but modified the sentence to simple imprisonment for three months and to pay a fine of Rs.5000/- with appropriate default sentence.

(3.) I heard the learned counsel for the petitioner as well as Sri Ajith Krishnan, the Central Govt. Standing Counsel.