SOOPPY Vs. STATE OF KERALA

JUDGEMENT

(1.) This revision petition is preferred against the judgment in Criminal Appeal No.191/2004 of the Additional Sessions Judge, Adhoc-II, Kozhikode. The revision petitioner was convicted in S.T.No.2575/2002 by the Judicial First Class Magistrate-II, Perambra for having committed an offence punishable under section 225B IPC. The allegation was that on 6.4.2001 at 2 p.m., the process server of the Munsiff Court, Perambra (hereinafter referred to as the Court) arrested the revision petitioner, who is the judgment debtor in E.P.No.60/99 of the above Court, but he escaped from the lawful custody, thereby committed the offence. On the basis of the report of PW1, the S.H.O., Meppayur registered a crime and after investigation, laid charge before Judicial First Class Magistrate -II, Perambra.

(2.) During trial, prosecution examined 9 witnesses and marked Exts.P1 to P4 as documentary evidence. Accused examined DW1 in support of his defence. The learned Magistrate convicted the accused under section 225B IPC and sentenced to undergo simple imprisonment for three months under section 225B IPC. Against that, he preferred Criminal Appeal No.191/2004 before Additional District and Sessions Court, Fast Track (Adhoc-II), Kozhikode in which the conviction was confirmed and the appeal was dismissed. Being aggrieved by that, he preferred this revision petition.

(3.) Heard both sides and perused the oral and documentary evidence for ascertaining any illegality and irregularity in the finding of the courts below. It appears that both courts have considered and appreciated the evidence properly.