N.K. RAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE revision petitioner is the accused in C.C. No. 352 of 2013 on the files of the Judicial First Class Magistrate's Court -III, Kozhikode. He was prosecuted for the offences punishable under Secs. 448, 353, 294(b) of the Indian Penal Code read with Sec. 3 (1) of the Prevention of Damage to Public Property Act, 1984 [for short, PDPP Act]. After trial, he was convicted for the offences punishable under Sec. 448 of the IPC and Sec. 3 (1) of the P.D.P.P. Act and acquitted of all the offences. Feeling aggrieved, though he had preferred Crl. Appeal No. 638 of 2013, after re -appreciating the entire evidence on record, the learned Sessions Judge also concurred with the findings of guilt found against the revision petitioner and confirmed the conviction and sentence as such and dismissed the appeal. The legality and propriety of the concurrent findings of conviction and sentence are under challenge in this revision.

(2.) THE prosecution case, in brief, is that on 6/11/2010 at 10.30 p.m. the accused criminally trespassed into the office of the K.S.E.B. at Karapparamba, uttered obscene words and obstructed P.W.2 from discharging his official duty from attending phone calls and broke glass on the top of the table and thereby caused damages to the tune of Rs. 650/ - to Government and they committed the aforesaid offences.

(3.) AFTER trial the learned Magistrate found that the revision petitioner is guilty of the said offence and convicted him and he was sentenced to undergo simple imprisonment for one month for the offences punishable under Section 448 of the Code of Criminal Procedure and six months imprisonment and a fine of Rs. 2,000/ - under Section 3 (1) of PDPP Act.