T GURUMURTHY Vs. STATE

JUDGEMENT

(1.) The present Revisional Application arose out of the modified order dated May 15, 2003, passed by Shri N.N. Ghosh, learned District and Sessions Judge, Andaman and Nicobar Islands, in connection with Criminal Appeal No. 13 of 2001. The said appeal was preferred against the Judgment and order of conviction dated 24- 7-2001 passed by Shri S.K. Verma, learned Chief Judicial Magistrate, Car Nicobar, in connection with G.R. Case No. 103 of 2000 corresponding to T.R. No. 133 of 2001.

(2.) The learned trial Court appears to have convicted the revisionist/accused for the offences under Sections 304-A. 279 and 338 of the Indian Penal Code and sentenced them rigorous imprisonment for six months for the offence under Section 279 IPC, rigorous Imprisonment for one year for the offence under Section 304-A, IPC and fine of Rs. 1000/- i.d. to simple imprisonment for two months and no separate punishment was awarded for the offence under Section 338, IPC.

(3.) The revisionist preferred an appeal against the said Judgment and order of conviction passed by the learned trial Magistrate and the learned Sessions Judge, Andaman and Nicobar Islands, upheld the judgment of conviction passed by the learned trial Magistrate, but he was pleased to set aside the Judgment of conviction for the offence under Section 279 of the Indian Penal Code. The learned Sessions Judge was also pleased to reduce the term of sentence to some extent. Against the said modified order passed by the learned Sessions Judge in appeal the present revision has been preferred.