K RAJENDRA BABU Vs. STATE

JUDGEMENT

(1.) THE accused, who was convicted for offences punishable under section 420 IPC (3 counts), under section 477-A IPC (3 counts) and under section 13 (2) read with 13 (1) (d) (ii) of the Prevention of Corruption Act, 1988 (3 counts) and was sentenced to undergo three years rigorous imprisonment for each of the charges under the aforesaid penal provisions in respect of each of the cases for a period of three years and to pay a fine of Rs. 500/= to each of the offences in default to undergo three months rigorous imprisonment with an order to run the entire substantive sentence concurrently, has preferred the present appeal.

(2.) THIS court was pleased to take up the appeal for disposal on 21. 2. 2007. Recording the submission made by the learned Senior Counsel Mr. A. Natarajan, appearing on behalf of the appellant that he had not proposed to argue on the question of conviction recorded by the Trial Court, but, would argue only on modification of the sentence, this court, having heard the submission made on either side with respect to the quantum of sentence alone, has chosen to reduce the sentence from three years to one year for each of the offences under the respective cases. Of course, this court was pleased to confirm the imposition of fine by the Trial Court.

(3.) THE appellant carried the matter to the Honourable Supreme Court. The Honourable Supreme Court, having granted Special Leave, remitted the matter to this court for fresh consideration on merits, reminding the appellant to take the risk of imposition of the term of imprisonment for more than one year while arguing the case on merit.