SALINDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This revision petition is filed by the third accused in the case C.C.No.872/2011 on the file of the Court of the Judicial First Class Magistrate, Taliparamba. On the date on which the judgment was pronounced in that case, the petitioner did not appear before the court. Therefore, the case against the other accused was disposed of on that day and the case against the petitioner was split up and refiled as C.C.No.608/2016 after finding him guilty of the offences punishable under Sections 452 and 323 read with 34 I.P.C.

(2.) When the petitioner appeared in C.C.No.608/2016, after hearing him on the question of sentence, the trial court sentenced him to undergo simple imprisonment for a period of one year and to pay a fine of Rs.1,000/- and in default of payment of fine, to undergo simple imprisonment for a period of three months for the offence punishable under Section 452 I.P.C and to undergo simple imprisonment for a period of three months for the offence punishable under Section 323 I.P.C and it was directed that the sentences shall run concurrently.

(3.) The revision petitioner filed appeal before the Court of Session, Thalassery challenging the conviction entered and the sentence imposed on him. The appellate court confirmed the conviction of the revision petitioner for the offences punishable under Sections 452 and 323 read with 34 I.P.C. However, the appellate court modified the sentence imposed on the revision petitioner for the offence punishable under Section 452 I.P.C and reduced it to simple imprisonment for a period of three months. The appellate court confirmed the sentence of fine imposed for the offence punishable under Section 452 I.P.C and also the sentence of imprisonment imposed by the trial court for the offence punishable under Section 323 I.P.C.