IN RE: AIYYAKANNU Vs. STATE

JUDGEMENT

(1.) THE revision Petitioner Aiyyakkannu is accused 2 in S.C. No. 33 of 1985 on the file of the Assistant Sessions Judge, Pudukottai. He, and two others, namely, accused 1 - Gopal and accused 3 - Chinniah alias Chinnar were tried together, accused 1 and 2 facing charges for the alleged offences under Sections 489 -B and 489 -C, IPC and accused 3 for the alleged offence under Section 489 -B read with Section 109 IPC.

(2.) LEARNED Assistant Sessions Judge, on consideration of the materials placed before him, found all of them guilty for various charges framed against them and convicted them thereunder. Each of accused 1 and 2 was sentenced to three years rigorous imprisonment for the offence under Section 489 -C, IPC, while accused 1 and 2 were sentenced for the offence under Section 489 -B, IPC to rigorous imprisonment for five years and four years respectively, both the sentences to run concurrently. Accused 3 was sentenced to rigorous imprisonment for three years for the offence under Section 489 -B read with Section 109, IPC. Aggrieved by the conviction and sentence, accused 1 to 3 preferred Crl. Appeal No. 217 of 1985 before the Court of Session, Pudukottai. Learned Sessions Judge, on consideration of the materials available on record and after hearing the arguments of the respective learned Counsel for accused, set aside the conviction and sentence of accused 3 and acquitted him thereof. He confirmed the conviction of accused 1 and 2 for the offences under Sections 489 -B and 489 -C. While confirming the sentence under Section 489 -C, IPC, he would however reduce the sentence for the offence under Section 489 -B, IPC to three years, giving rise to the present revision by accused 2 alone.

(3.) LEARNED Counsel appearing for the revision Petitioner accused 2 would press for consideration the following two points.