BABU Vs. STATE OF KERALA

JUDGEMENT

(1.) This revision petition is filed under Sec. 397 r/w. 401 of the Code of Criminal Procedure by the petitioner, who is the sole accused in C.C.No.466 of 2009 on the file of the Judicial Magistrate of First Class-I, Tirur.

(2.) By judgment dated 20.3.2015, the petitioner herein was found guilty by the trial court and he was convicted and sentenced to undergo simple imprisonment for 15 days under Sec. 341 of the IPC, simple imprisonment for 6 months and a fine of Rs. 500.00 under Sec. 323 of the IPC, rigorous imprisonment for one year and to pay a fine of Rs. 3,000.00 under Sec. 324 of the IPC, and rigorous imprisonment for a period of three years and to pay a fine of Rs. 5,000.00 under Sec. 326 of the IPC. In default, he was ordered to undergo simple imprisonment for a period of four months.

(3.) Against the aforesaid finding of guilt, conviction and sentence, Crl.A.No.79 of 2015 was preferred by the petitioner before the Appellate Court. The learned Sessions Judge re-appreciated the evidence adduced by the prosecution, partly allowed the appeal and set aside the conviction and sentence passed by the learned Magistrate under Sections 341 and 326 of the IPC. However, it was found that the conviction and sentence imposed for the offence punishable under Sections 323 and 324 of the Penal Code was liable to be confirmed. He was sentenced to undergo simple imprisonment for six months and to pay a fine of Rs. 500.00 under Sec. 323 of the Penal Code and to undergo rigorous imprisonment for one year and to pay a fine of Rs. 3,000.00 under Sec. 324 of the IPC. It is against the aforesaid findings of the learned Sessions Judge that this revision petition is filed.