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A.BADHARUDEEN
Saju – Appellant
Versus
State of Kerala – Respondent


Advocates:
Counsel for the Parties:
For the Appellant:Sri. M. Ramesh Chander, Advocate
For the Respondent: Smt. Nima Jacob, Public Prosecutor

JUDGMENT

The sole accused in S.C.No.353/2004 on the files of the Additional Sessions Court (Adhoc)-II, Thodupuzha has preferred this appeal under Section 374(2) of Cr.P.C. assailing conviction and sentence imposed against him in the above case as per judgment dated 22.01.2007. The respondent herein is the State of Kerala.

2. Heard the learned counsel for the appellant, Adv. Ramesh Chander and the learned Public Prosecutor appearing for the State.

3. Shown off unnecessary details, the prosecution case is as under:

It is alleged by the prosecution that on 16.12.2002 at about 7.30 p.m., the accused herein, with intention to do away the defacto complainant, stabbed him with a knife, on the left side of his abdomen and thereby caused grievous injury and consequential removal of his kidney. On the above facts, crime No.171/2002 was registered by Kaliyar Police and the matter was investigated. Finally, charge alleging commission of offence under Section 307 of IPC by the accused was laid before the Judicial First Class Magistrate Court-II, Thodupuzha. The jurisdictional Magistrate committed the case to the court of Sessions, Thodupuzha and in turn, the case was made over to the Addit

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