MOHANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant in the criminal appeal, who is the respondent in the revision case, was convicted by the Additional Sessions Judge (Ad-hoc)-I, Kollam for offences under Sections 302 and 307 I.P.C. and was sentenced to rigorous imprisonment for a period of ten years for offence under Section 302 I.P.C. and rigorous imprisonment for a period of five years under Section 307 I.P.C. Assailing the above conviction and sentence, this appeal was preferred.

(2.) When the appeal came up for admission, noticing the illegality in awarding sentence for offence under Section 302, a suo motu revision was registered against the appellant and notice was given.

(3.) The Circle Inspector of Police, Kundara police station in Crime No. 108 of 1999 of Anchalamood police station filed the charge sheet against the appellant before the Judicial Magistrate of the First Class, Kollam alleging the above said offences. The learned Magistrate took cognizance and proceeded as C.P.23 of 2004. Having found that the offences alleged were triable by a Court of Session, after complying with the requisite procedures, by order dated 18/7/2004, committed the case to the Court of Session, Kollam. From there, it was made over to the Additional Sessions Judge, Ad-hoc-I.