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1998 Supreme(Ker) 132

S.MARIMUTHU
Xavier – Appellant
Versus
State Of Kerala – Respondent


Judgment :-

This Crl. Miscellaneous case is directed against the order delivered by the Sessions Judge, Alappuzha in Crl. Revision Petition No. 119/1995, which arose challenging the confirmed conviction and sentence rendered by the Assistant Sessions Judge, Sherthellai, in Criminal Appeal No. 13/1993. The present petitioner as accused was found guilty under S. 51(a) of Kerala Police Act by the Judicial Magistrate, Sherthallai in S.T. No. 170/1991.

2. The present petitioner, according to the prosecution, behaved in a disorderly manner, uttering rubbish language and obstructed the traffic on the night of 17-12-1991, being in a drunken mood at Champakattu Mukku, where on that night a festival was going on. P.W. 1, the Assistant Sub-Inspector of Police attached to Arthungal Police Station, arrested the accused in the presence of a Police Constable examined as PW. 2, took the accused to the police station where Ext. P 1 complaint was written by PW. 1 himself. Thereafter, the accused petitioner was sent to PW. 3 for medical examination. P.W. 3, on examination found the petitioner/accused that he had consumed alcohol. P.W. 3, to that effect has issued Ext. P2 certificate. P.W. 4 was exami


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