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2012 Supreme(Online)(KER) 19593

HIGH COURT OF KERALA
K.HEMA, J
KORAGAPPA POOJARI – Appellant
Versus
STATE – Respondent


O R D E R

The revision petitioners were charge-sheeted for offences under Sections 448, 506 (ii), 324 read with 34 of Indian Penal Code ('IPC' for short). After trial, the Judicial Magistrate of First Class found both the accused guilty of the above offences. First accused was sentenced to undergo rigorous imprisonment for two years and to pay a fine of `.5000/- and in default to undergo simple imprisonment for six months for offence under Section 324 and 506 (ii), IPC.

2. Second accused was sentenced to pay a fine of `.2000/- and in default to undergo simple imprisonment for one month for offence under Section 324 and 506 (ii) read with 34 of IPC. No separate sentence was awarded for offence under Section 448, IPC. On realisation of fine `.5000/- was ordered to be paid to PW1 as compensation under Section 357 (1) Cr.P.C.

3. In appeal, learned Sessions Judge found that the Magistrate Court has rightly convicted both the accused for offences under Sections 448, 506 (ii) and 324 read with 34 of IPC. The sentence imposed on the first accused was modified to undergo simple imprisonment for one month and to pay a fine of `.5000/-. The above conviction and sentence are challenged in this r

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