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1993 Supreme(Ker) 383

K.T.THOMAS
Velayudhan – Appellant
Versus
State of Kerala – Respondent


Judgment :-

In this revision, I have no other alternative than to quash the appellate judgment since the criminal appeal has been disposed of by the learned Sessions Judge in a supercilious manner. That apart, learned Sessions judge has not passed the judgment in accordance with law.

2. Petitioner herein was accused in a case before a judicial magistrate of first class for offences under Ss.447 and 324 of the Indian Penal Code. Trial magistrate convicted him of the offences and sentenced him to imprisonment and fine. Petitioner filed an appeal before Sessions Court, but learned Sessions Judge dismissed the appeal confirming the conviction and sentence. This revision is in challenge of the said judgment.

3. Prosecution case is that petitioner had trespassed into the property of P.W.I (a lady) on 12-5-90 and beat her with a wooden reaper on her head. One of the plea adopted by the defence is that petitioner did not know the nature of his acts on account of unsoundness of mind. Petitioner examined two witnesses on the defence side as D.Ws.1 and 2.

4. Trial court, after discussing prosecution evidence in extensor, found that petitioner beat P.W.I on the head with a wooden reaper in the ma








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