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2012 Supreme(Ker) 699

P.S.GOPINATHAN
Abdul Majeed – Appellant
Versus
State of Kerala, represented by Public Prosecutor – Respondent


Advocates appeared:
For the Petitioner:R. Krishna Raj, Smt. G. Prathishya, Advocates.
For the Respondent: Ms. Madhu Ben, Public Prosecutor.

JUDGMENT :

Revision petitioner is the 1st accused in C.C. 58/1993 on the file of the Judicial Magistrate of the First Class, Kayamkulam. He along with three others were prosecuted by the Station House Officer, Kayamkulam alleging offences under Sections 323, 324 and 326 read with 34 IPC. During the pendency of the case, the 3rd accused expired. Despite the coercive steps, the 2nd accused didn't turn out. So the case against him was split up and accused 1 and 4 were tried. After trial, they were found guilty for the above offences. The revision petitioner was sentenced to rigorous imprisonment for six months under Section 326 read with 34 IPC. The 4th accused was sentenced to rigorous imprisonment for three months. No separate sentence was awarded for offences under Sections 323 and 324 read with 34 IPC. Assailing the above conviction and sentence, they preferred Crl.A.No.247/1998 before the Additional Sessions Judge, Mavelikara. By the impugned judgment dated 10.11.2003, the Additional Sessions Judge arrived at a finding that the offences under Sections 324 and 326 read with 34 IPC are established against the revision petitioner. Consequently, the conviction and sentence impugned we




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