A.M.SAPRE, DINESH MAHESHWARI
OMANAKUTTAN – Appellant
Versus
STATE OF KERALA – Respondent
JUDGMENT
Dinesh Maheshwari. J.
Leave granted.
2. In this appeal, the accused-appellant has called in question the judgment and order dated 05.06.2018 in Criminal Revision Petition No. 2859 of 2004 whereby, the High Court of Kerala at Ernakulam upheld the judgment and order dated 23.09.2004 passed by Additional District and Sessions Judge, Thodupuzha in Criminal Appeal No. 253 of 2002 affirming the judgment and order dated 04.12.2002 by the Judicial First Class Magistrate, Idukki in CC No. 126 of 1999 whereby, the accused-appellant was found guilty of the offence punishable under Section 326 of the Indian Penal Code ('IPC') and was sentenced to simple imprisonment for one year together with fine of Rs. 5,000/- and default stipulation.
3. The background aspects, so far relevant for the present purpose, could be noticed, in brief, as follows:
3.1. The prosecution case has been that the accused-appellant and the injured victim Sunil Kumar (PW-1) were neighbors. On 26.11.1997 at about 6 p.m., while the victim PW-1 was passing through Mannathara-Thopramkudy Panchayat Road, the appellant along with his wife (accused No. 2) poured acid on the victim from a ridge on the left side of the road. Al
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