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P.S.GOPINATHAN
Bharathan – Appellant
Versus
State of Kerala – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:M. Shaju Purushothaman, Advocate.
For the Respondent: M.R. Venugopal, Public Prosecutor.

ORDER

P.S. Gopinathan, J.—Revision petitioners are accused 1, 3, 4 and 5 in C.C. 448 of 1997 on the file of the Judicial Magistrate of the First Class, Kodungallur. They, alongwith the second accused were prosecuted by the Sub Inspector of Police, Valapad, in Crime No. 236 of 1997 alleging offence under Sections 143, 147, 447, 427 read with Section 149 I.P.C. After trial, the second accused was found not guilty and the petitioners were found guilty. Taking into account of the facts and circumstances of the case and that petitioners 3 to 5 are ladies, the learned Magistrate was pleased to release the petitioners under Section 3 of the Probation of Offenders Act. The first revision petitioner was ordered to pay Rs. 2,000 as compensation to the complainant under Section 357(3) of the Code of Criminal Procedure. Feeling aggrieved, they went in appeal before the Sessions Judge, Thrissur. The IIIrd Additional Sessions Judge, to whom the appeal was made over, by judgment dated 26.4.2002 allowed the appeal in part. The conviction for offence under Sections 143 and 147 was set aside. The conviction for offence under Sections 447 and 427 I.P.C. was sustained with the aid of Section 34 I.P.C

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