High Court Kerala High Court

Janardhanan K.V vs The State Of Kerala on 25 June, 2007

Kerala High Court
Janardhanan K.V vs The State Of Kerala on 25 June, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 108 of 1997()



1. JANARDHANAN K.V.
                      ...  Petitioner

                        Vs

1. THE STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.K.SURENDRA MOHAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.R.UDAYABHANU

 Dated :25/06/2007

 O R D E R
                      K.R.UDAYABHANU, J
                 ---------------------------------------------
                     Crl.R.P.No.108 of 1997
                  ---------------------------------------------
                Dated this the 25th day of June, 2007


                               O R D E R

The revision petitioner stands convicted for the offence

under Sections 409 and 477A of IPC and sentenced to undergo

R.I. for 1= years each for the above offences. The conviction

and sentence was confirmed by the court below.

2. The matter relates to the period of 1981-84. The

crime was registered in 1985. The amount of misappropriation

involved is a sum of Rs.4,942/-. It is submitted by the counsel for

the revision petitioner that the petitioner has deposited the

amount with interest. The allegation is that while he was

working as extra departmental branch postmaster at

Thiruvattoor Post office during the period of July 1981-84, he

misappropriated the above sum from the various SB accounts of

the post office. The evidence adduced in the matter consisted

the testimony of PWs’ 1 to 17, Exts. P1 to P117.

3. The counsel for the revision petitioner has only sought

for leniency pointing out that more than 20 years have elapsed

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since the commencement of the proceedings and that the

revision petitioner is right now aged 50 years and without any

employment. In the circumstances, I find that the sentence is

liable to modified. Hence, the sentence imposed under Section

409 is modified to imprisonment till the rising of the court and to

pay a fine of Rs.5,000/- and in default, to undergo simple

imprisonment for six months. No separate sentence is awarded

for the offence under Section 477A IPC. The revision petitioner

shall appear before the Judicial First Class Magistrate Court III,

Kannur on 30.7.2007 to receive the sentence.

The criminal revision petition is disposed of as above.





                                             K.R.UDAYABHANU,
                                                   JUDGE

csl

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                          K.R.UDAYABHANU, J




                           CRL.M.C.No.2824/2000

                                ORDER




                              21st June 2007

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                       C.N.RAMACHANDRAN NAIR, J




                             O.P.No.12679/2001

                                JUDGMENT




                              8th March, 2007

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