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1989 Supreme(Ker) 138

SANKARAN NAIR
KRISHNANKUTTY – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. Courts below concurrently found petitioner guilty of the offence under S.332 IPC, on a charge that at or about 9 p. m. on 25-7-85 he voluntarily caused hurt to deter a public servant (PW1) from discharging his duty.

2. PW1 a police constable had gone to a village, in the hill district of Wynad to serve summons. He was returning to his headquarters by about 7 p.m., when he saw petitioner behaving in an unruly manner under the influence of alcohol in a public place. PW1 advised petitioner to go home without creating difficulties. Petitioner persisted in his behaviour, and then PW1 took him into custody and boarded a bus with him. While in the bus, petitioner hit PW1 on his nose, causing bleeding injuries. PW1 fell down and then, petitioner kicked him. PW1 was then in uniform. That is the evidence of PW1, and Pw 5 conductor of the bus. PW2 a hostile witness also says that PW1 was in uniform, and that he saw PW1 with bleeding injuries. PW 8 doctor examined PW1 and issued Ext.P2 wound certificate, noticing injuries corresponding to those stated by PWs 1 & 5. Medical evidence thus corroborates the evidence of PWs 1 & 5.

3. Learned counsel for petitioner submitted that PW.1 w

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