THULASEEDHARAN NAIR AND ORS. Vs. STATE

JUDGEMENT

(1.) ACCUSED Nos. 1 and 2, in C.C. No. 304/1996 on the file of the Judicial First Class Magistrate Court -II, Attingal are the revision petitioners herein.

(2.) THE revision petitioners were charge sheeted by the Circle Inspector of Police, Kilimanoor police station in Crime No. 298/1995 of Kilimanoor police station, alleging offence under section 420 read with section 34 of Indian Penal Code.

(3.) WHEN the revision petitioners appeared before the court below, after hearing both sides, charge under section 420 read with section 34 of Indian Penal Code was framed and the same was read over and explained to them and they pleaded not guilty. In order to prove the case of the prosecution, PWs 1 to 20 were examined and Exts. P1 and P2 were marked on the side of the prosecution. After closure of the prosecution evidence, the revision petitioners were questioned under section 313 of the Code of Criminal Procedure, and they denied all the circumstances brought against them in the prosecution's evidence. They further stated that they have not committed any offence and they are innocent of the same and they have been falsely implicated in the case. No defence evidence was adduced on their side. After considering the evidence on record, the trial court found the revision petitioners guilty under section 420 read with section 34 of Indian Penal Code, and convicted them thereunder and sentenced them to undergo simple imprisonment for two years and also to pay a fine of Rs. 1000/ - each in default to undergo simple imprisonment for three months each. Aggrieved by the same, they filed Crl. Appeal No. 136/1999 before the Sessions Court, Thiruvananthapuram, which was made over to Additional Sessions Court (Adhoc -I), Thiruvananthapuram, for disposal and the learned Additional Sessions Judge, by the impugned judgment dismissed the appeal, confirming the order of conviction and sentenced passed by the court below. Aggrieved by the same, the present revision has been filed by the revision petitioners accused before the court below.