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2013 Supreme(Online)(KER) 37752

HIGH COURT OF KERALA
K.HARILAL, J
LIJU JOSEPH @ KANNAN – Appellant
Versus
STATE OF KERALA – Respondent


O R D E R

The revision petitioner is the accused in C.C.No.70/2011 on the files of the Judicial First Class Magistrate's Court-I, Kottayam. He was prosecuted for the offence punishable under Section 324 of the Indian Penal Code and convicted thereunder. He was sentenced to undergo simple imprisonment for a period of six months and to pay a fine of Rs.5,000/- under Section 324 of the IPC and in default of payment of fine, to undergo simple imprisonment for two months. If the fine amount is realised, the same shall be given to PW1 as compensation under Section 357 (1)(b) of the Code of Criminal Procedure. Feeling aggrieved, though he had preferred Crl.A.No.241/2012 before the Additional Sessions Judge, Adhoc-I, Kottayam, the learned Sessions Judge also confirmed the verdict of guilty and conviction, but modified the sentence. The substantive sentence of simple imprisonment for six months was reduced and modified to simple imprisonment for three months and to pay a fine of Rs.5,000/- and in default, to undergo simple imprisonment for one month. This revision petition is filed challenging the concurrent findings of conviction and modified sentence on various grounds.

2. The prosecution

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