(1.) THE revision is directed against the Judgment in Criminal Appeal No.72 of 2005, dated 13 -07 -2007, on the file of the I -Additional District and Sessions Judge, Srikakulam, whereunder the conviction of the revision petitioner/A.2 for the offences under Sections 120 -B and 420 IPC. were confirmed, however, reducing the sentence of imprisonment from two years to six months for each of the offences respectively.
(2.) FACTS in brief are as under: -
(3.) THE charge sheet was taken cognizance by the learned Judicial Magistrate of First Class, Srikakulam. Charges were framed under Sections 120 -B, 420 and 409 IPC. The petitioner/A.2 denied the accusations. In support of its case, the prosecution examined PWs.1 to 13 and marked Exs.P.1 to P.24. In defence, on behalf of the accused, Ex.D.1 was marked. After hearing both sides and perusing the evidence on record, by Judgment, dated 15 -07 -2005, the learned Judicial Magistrate of First Class found the petitioner/A.2 guilty of the charges punishable under Sections 120 -B and 420 IPC., convicted and sentenced him to undergo rigorous imprisonment for a period of two years each for the offences and also fine of Rs.1,000/ - each with a default clause. The learned Magistrate, however, acquitted the petitioner/A.2 of the charge under Section 409 IPC.