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MANI ALIAS MANOHARAN versus STATE OF KERALA

High Court of Kerala

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MANI ALIAS MANOHARAN v. STATE OF KERALA - Crl Rev Pet No. 798 of 1999 [2007] RD-KL 14458 (30 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 798 of 1999()

1. MANI ALIAS MANOHARAN
... Petitioner

Vs

1. STATE OF KERALA
... Respondent

For Petitioner :SRI.P.K.ASHOKAN

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice J.B.KOSHY

Dated :30/07/2007

O R D E R

J.B.KOSHY, J.

Crl.R.P.No.798 OF 1999 Dated 30th July, 2007

ORDER

Three accused were charge sheeted under Section 379 read with Section 34 of the Indian Penal Code. Case against the first accused was abated. The revision petitioner was the second accused. Accused Nos.2 and 3 were found guilty of the offences charged under Section 379 of the Indian Penal Code and both of them were sentenced to undergo rigorous imprisonment for three years. The Sessions court reduced the punishment of both accused to two years imprisonment vide judgment dated 19th March, 1998. The revision petition filed by the third accused came up for hearing before this court and it was numbered as Crl.R.P.No.359/1998 which was disposed of by judgment dated 19.10.2006. In that case, considering the fact that the occurrence was in 1993 and also considering the fact that the accused had already undergone protracted trial spanned over a period of about 13 years, the court ordered as follows:

"4. In totality of the facts and circumstances of the case, this Court is of the view that interests of justice will be served if while maintaining the order of conviction against the petitioner the sentence is reduced to rigorous Crl.R.P.No.798/1999 2 imprisonment for six months. Ordered accordingly." He was already given the right of set off by the court below. I also pass an identical order in this case confirming the conviction and reducing the sentence of imprisonment to six months. The revision petition is disposed of accordingly. J.B.KOSHY Judge tks


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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