NATARAJAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE revision petitioner is the first accused in S. C. No. 108/94 on the file of the 11 Additional Assistant Sessions Judge, Trichy. He along with the acquitted second accused were tried for an: offence under Section 366, I. P. C. (A1) and 366 read with 114, I. P. C. (A2 ). The learned trial Judge found both the accused guilty for the respective offences as charged and tried against them and sentenced the first accused to undergo 5 years R. I. together with the fine of Rs. 7,500/- carrying a default sentence and the second accused to undergo R. I. for two years together with a fine of Rs. 2,500/- carrying a default sentence. Both the convicted accused appealed before the Court of Sessions. Trichy in C. A No. 35/97. The learned Appellate Judge acquitted the second accused totally of the offences charged and tried as far as he is concerned. The learned Appellate Judge also found the first accused not guilty for the offence under Section 366, I. P. C. and found him guilty for the offence under Section 363, I. P. C. On the question of sentence, the learned Appellate Judge reduced the period of imprisonment from five years to three years and the fine amount was likewise reduced from Rs. 7,500/- to Rs. 6,500/- The correctness of this judgment is questioned before this court in this revision by the first accused. It is brought to my notice that the first accused had already paid the fine amount.

(2.) HEARD Mr. S. Shunmugavelayutham, learned counsel appearing for the revision petitioner and Mr. R Karthikeyan, learned Government Advocate (Cr1. Side) for the State.