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J.M.JAMES
Baiju – Appellant
Versus
S. I. of Police – Respondent


Counsel for the parties:
For the Petitioner:M.A. Joseph Manavalan & Sooraj Elanjickal, Advocates.
For the Respondents: P. Dalbi Emmanuel and Praicy Joseph, Public Prosecutor.

ORDER

J.M. James, J. — The first accused, Baiju, in C.C. No. 34/99, on the file of the Judicial First Class Magistrate Court-1, Thodupuzha, was convicted and sentenced, along with four other accused, to undergo simple imprisonment for three months each for the offence Under

Ss. 143 and 447 IPC, and simple imprisonment for six months each for the

offence punishable under Ss.148 and 324 IPC. No separate sentence was awarded for the offence under S. 147 IPC, though found guilty. All the five accused were also directed to pay an amount of Rs. 1000/- each to PWs 1 and 2, the injured, as compensation, with the default sentence of simple imprisonment for a further period of two months each. The substantive sentences were directed to run concurrently. The findings of the trial court were challenged in Cri. A. Nos. 18/2003 and 36/2003, the former by the 5th accused, and the latter by accused 1 to 4, before the Additional Sessions Court, Thodupuzha. The appellate court found accused 4 and 5 not guilty of the offence, and, therefore, they were acquitted. However, the conviction and sentence in respect of accused 1 to 3 were confirmed. Hence, the first accused preferred this revision.

2.Durin

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