RADHAKRISHNAN Vs. STATE

JUDGEMENT

(1.) THE appellant who has been convicted under section 227 IPC and sentenced to undergo rigorous imprisonment for a period of one year by the Sessions Judge, West Thanjavur Division, Thanjavur in Sessions Case No.70 of 1988 has filed this criminal appeal challenging the said conviction and sentence.

(2.) THE appellant/accused who has been convicted for an offence punishable under section 302, IPC and sentenced to undergo imprisonment for life by the Principal Sessions Court, Thanjavur, West in Sessions Case No.89 of 1982 dated 7.2.1983 was released on parole for a period of 15 days from 28.5.1986 with a condition that he should return to the said prison on or before 13.6.86 as per GO No.2025/Home (Prison)/dated 28.5.1986. Since the appellant has not surrendered to the prison and he was arrested only on 9.7.1987 and brought to the prison. A charge has been framed for an offence punishable under section 227, IPC by the Sessions Judge, West Thanjavur Division, Thanjavur. During the Course of the trial on behalf of the prosecution, three witnesses have been examined namely P.Ws.1 to 3 and got marked Ex.P.1, Ex.P.2 and MO 1.

(3.) THE learned Session Judge after concluding the said trial has convicted the accused and sentenced him to undergo imprisonment as stated above. The above said conviction and sentence have been challenged in this criminal appeal.