PRASAD Vs. THE STATE OF KERALA

JUDGEMENT

(1.) The sole accused in Calendar Case, C.C.No.123 of 1998 on the file of Judicial First Class Magistrate ­II, Chengannur is the revision petitioner. He was convicted for offences under Secs.326 and 452 of the Indian Penal Code. He was convicted and sentenced for offences under Sec.326 of the IPC and was sentenced for that offence to undergo rigrorous imprisonment for two years and to pay a fine of Rs.3,000/ - and in default, to suffer simple imprisonment for further one month and the said fine realized was directed to be paid to the injured (PW -1). He was also convicted for the offence under Sec.452 of the IPC and was sentenced for that offence to undergo one year rigourous imprisonment and to pay a fine of Rs.2,000/ - and in default, he was ordered to suffer simple imprisonment for one month.

(2.) The conviction and sentence was imposed on the petitioner as per the impugned judgment rendered on 18.9.2002, by the trial court in C.C.No.123 of 1998. The petitioner preferred Crl.Appeal No.283 of 2002 before the Appellate Sessions Court concerned (Court of Additional Sessions Judge­I, Mavelikkara) and the Appellate Court, as per the impugned judgment rendered on 13.12.2005, had confirmed the conviction for both the offences. However, the sentence for offence under Sec.326 IPC was reduced to one year imprisonment and the fine amount of Rs.3,000/ - and the default clause for that offence was not in any manner modified.

(3.) Heard Sri.R.T.Pradeep, learned counsel for the revision petitioner­accused and the learned counsel appearing for the respondent State Authoritites.