BIJU Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners in Crl.R.P.No.4304/2006 are the accused Nos.1 and 2, and the petitioner in Crl.R.P.No.296/2007 is the fourth accused in C.C.No.691/2002 on the files of the Judicial First Class Magistrate Court-I, Kochi. They were convicted and sentenced by the learned Magistrate under Sec. 394 read with Sec. 34 of the Indian Penal Code, 1860 (in short, 'IPC'), to undergo rigorous imprisonment for three years and fine of Rs.3,000.00 each with a default clause of simple imprisonment for six months. Though the accused Nos. 1 and 2 preferred Crl.A.No.594/2005, and the accused Nos.3 and 4 preferred Crl.A.No.664/2005, the learned Additional Sessions Judge-IV, Ernakulam, dismissed the appeal, confirming the conviction recorded and sentence awarded by the Trial Court. Aggrieved by the above concurrent verdicts of the courts below, the petitioners are here before this Court with these revision petitions.

(2.) Since there was no representation from the part of the petitioners in Crl.R.P.No.4304/2006, notice was issued to them from the Registry. Still the above petitioners did not care to appear or advance any arguments. In the above circumstances, Adv. Ms. Ananthika Basant was appointed as Amicus Curiae to represent the petitioners in Crl.R.P.No.4304/2006.

(3.) Heard the learned Amicus Curiae representing the petitioners in Crl.R.P.No.4304/2006, the learned counsel for the petitioner in Crl.R.P.No.296/2007 and the learned Public Prosecutor representing the State of Kerala.