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2014 Supreme(Online)(KER) 47307

HIGH COURT OF KERALA
K.HARILAL, J
JOLLY – Appellant
Versus
STATE OF KERALA – Respondent


ORDER

The revision petitioner is the accused in C.C. No.

405 of 2009 on the files of Judicial First Class Magistrate Court-II, Aluva. He was prosecuted for the offence punishable under sections 457 and 380 of the IPC . After trial, the learned Magistrate found the revision petitioner guilty of the said offence and he was convicted thereunder. He was sentenced to undergo simple imprisonment for two years each and to pay a fine of Rs.1000/- each. In default to undergo simple imprisonment for one month each for the offences punishable under Sections 457 and 380 of Indian Penal Code (for short 'the '). The sentences shall run concurrently. Set off is also allowed for the period in detention. The accused No.2 is found not guilty of the offence punishable under and 380 of and he was acquitted under Section 248 (1) Cr.P.C. Feeling aggrieved though the revision petitioner had preferred Criminal Appeal No.193 of 2011 before the Additional District and Sessions Judge, (Ad hoc-III), North Parvur, after re-appreciating the evidence on record, the learned Sessions Judge also confirmed the verdict of guilty, conviction and sentence as such without any interference. The legality, propriety a

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