JUDGMENT :

(Prayer: Criminal Original Petition filed under Section 397 read with 401 Cr.P.C., to set aside the conviction and sentence made in Crl.A.No. 28 of 2012 dated 09.06.2014 on the file of the District and Sessions Judge, Nagapattinam, in confirming the Judgment made in C.C.No. 256 of 2010 dated 25.06.2012 on field of the Judicial Magistrate No. II (FAC), Nagappattinam and thus allow the criminal revision.)

1. This Criminal Revision case has been filed under Section 397 read with 401 Cr.P.C., by the accused in C.C.No. 256 of 2010 which was pending on the file of the learned Judicial Magistrate, Nagapattinam, wherein by Judgment dated 25.06.2012, the present petitioner, who was the sole accused was convicted for offence under Sections 279, 338 and 304(A) IPC and was sentenced to undergo one year simple imprisonment for two counts, under Section 304A IPC and separate sentence was not imposed under Section 279 IPC in view of Section 71 IPC and also to pay a fine of Rs.1,000/-, in default to undergo one month simple imprisonment for offence under Section 338 IPC.

2. The petitioner herein questioned that particular conviction and sentence and filed Crl.A.No. 28 of 2012 and the learn