MOOKANDI Vs. THE STATE

JUDGEMENT

(1.) Mookandi @ Esakkapandi, who figured as the first accused in S.C.No.125 of 2008 on the file of the Assistant Sessions Judge, Valliyoor is the Petitioner herein. He was prosecuted and convicted by the learned Assistant Sessions Judge, Valliyoor in the said case for the offence under Sections 341 and 397 r/w 34 IPC and sentenced to undergo one month simple imprisonment for the offence under Section 341 IPC and seven years rigorous imprisonment and to pay a fine of Rs.2000/- with a default sentence of six months rigorous imprisonment for the offence under Section 397 IPC. Both the sentences were directed to run concurrently.

(2.) As against the said judgement of conviction and sentence dated 05.12.2008 he preferred an appeal in Cr.A.No.16 of 2009 on the file of the Additional Sessions Judge(FTC.NO.II), Tirunelveli. The learned Additional Sessions Judge(FTCNO.II) Tirunelveli by a judgement dated 05.05.2010 confirmed the conviction as well as the sentence and dismissed the said appeal. It is as against the said judgement of the appellate Court, the present revision has been filed.

(3.) The revision Petitioner Mookandi @ Esakkapandi and another person by name Essakki @ Ooty were arrigned as accused No.1 and 2 in S.C.No.125 of 2008,and they were prosecuted for the offences as indicated above. The prosecution in order to prove its case examined P.W.1 to P.W.10 and marked Ex.P1 to Ex.P11 and produced M.Os. 1 and 2.