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2013 Supreme(Online)(KER) 1379

HIGH COURT OF KERALA
K.HARILAL, J
SOMARAJAN NAIR – Appellant
Versus
S I OF POLICE – Respondent


ORDER

The Revision Petitioner is the 1st accused in C.C.

No.669/02 on the files of the Judicial First Class Magistrate's Court-I, Ranni, as well as the appellant in Crl. Appeal No.28/12 on the files of the Sessions Judge, Pathanamthitta. He was prosecuted along with the 2nd accused for the offence punishable under Sec.353 of the Indian Penal Code. After trial, the learned Magistrate found the Revision Petitioner guilty of the said offence and convicted thereunder. He was sentenced to undergo simple imprisonment for one day till rising of the court and to pay a fine of Rs.1,500/- and in default of payment of fine, to undergo simple imprisonment for a further period of one month for the offence under Sec.353 of the IPC. The 2nd accused was acquitted of the said offence under Sec.251(1) of the Code of Criminal Procedure. Though he had preferred the above Crl. Appeal, the Appellate Court also confirmed the conviction and sentence, as such, without any interference. This revision petition is filed challenging the concurrent findings of conviction and sentence imposed on the Revision Petitioner.

2. The prosecution case is registered on the basis of the First Information Statement given by t

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