ORDER

This revision petition is directed against the judgment in Crl.A.No.868/2006 of the Sessions Court, Ernakulam. By common judgment dated 11.10.2007, the learned First Additional Sessions Judge, Ernakulam confirmed the conviction and sentence imposed by the learned Judicial First Class Magistrate-II, Ernakulam in C.C.No.1613/1999. While confirming the conviction under Section 326 of IPC , the sentence imposed by the learned Magistrate was set aside and accused 1 and 3 were sentenced to undergo simple imprisonment for six months and to pay a fine of Rs.5,000/- each in default to undergo simple imprisonment for two months for the offence punishable under read with Section 34 of .

2. By judgment dated 29.9.2006, the learned trial Magistrate convicted and sentenced A1 and A3 to undergo simple imprisonment for two years and to pay a fine of Rs.5,000/- each in default to undergo simple imprisonment for two months more for the offence punishable under Section 326 of IPC . Pending proceedings, A2 died. Hence case against A2 stood abated.

3. Challenging the judgment of the learned Magistrate, the 1st and the 3rd accused preferred separate appeals. The 1st accused preferred Crl.A.No