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1977 Supreme(Ker) 48

P.JANAKI AMMA
PYLIKUNJU – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. The petitioners are the accused in C. C. 23 of 1974 on the file of the Judicial Magistrate, I Class Ettumanoor. They were convicted by that Court for offences punishable under S.143, 447, and 379 read with S.149 IPC. For the offences under S.143 and 447 IPC., they were sentenced respectively to pay a fine of Rs 25/-each under each count and in default to undergo simple imprisonment for 15 days. For the offence under S.379 IPC., they were sentenced to pay a fine of Rs 50/- each and in default to undergo simple imprisonment for one month. Aggrieved by the above conviction and sentence, the petitioners filed Crl. A 119 of 1974 before the Sessions Judge, Kottayam. They also filed Crl. R. P 25 of 1974 for the identical relief probably not being sure whether an appeal would lie. The learned Sessions Judge dismissed the appeal as not maintainable on the ground that the sentence for each offence was Rs. 50/-. The Criminal Revision Petition was disposed of on the merits and it was dismissed. The present petition is filed by the petitioners under S.401 and also under S.482 of the Code of Crl. Procedure for setting aside the order dismissing the appeal.

2. The main contention pu







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