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2015 Supreme(SC) 126

M.Y.EQBAL, SHIVA KIRTI SINGH
Binoy – Appellant
Versus
State of Kerala – Respondent


JUDGMENT

SHIVA KIRTI SINGH, J.

1. Leave granted.

2. On behalf of both the appellants, the initial submission is to the effect that their conviction for offences under Sections 324, 452 and 323, IPC is not justified by the prosecution evidence available on record. But on a perusal of the judgment of the trial court which convicted the appellants for offences under Sections 308, 452 and 323 read with Section 34 of the IPC as well as the appellate judgment by the High Court which altered the conviction under Section 308 IPC to one under Section 324 IPC and also reduced the sentences awarded by the trial court to rigorous imprisonment for six months under Section 324 IPC and R.I. for three months each under Sections 452 and 323 IPC, we find no merit in the aforesaid contention. Both the injured witnesses P.W.1 and 2 as well as P.W.8 have supported the prosecution case which also gets support from the injury reports of both the injured witnesses. Hence, we find no good reason to interfere with the conviction of the appellants.

3. The other issue raised on behalf of the appellants is that the High Court while allowing the appeal in part failed to give any reasons for not extending the benef


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