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2014 Supreme(Ker) 41

THOTTATHIL B.RADHAKRISHNAN, P.UBAID
Joy – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Petitioner:P. Haridas, Advocate.
For the Respondent:R1, Noble Mathew, Public Prosecutor, R2, K. Shaj, Advocate.

Judgment :

P. Ubaid, J.

1. A judgment of conviction and sentence under Sections 324 and 326 IPC made by the Judicial First Class Magistrate Court, Thiruvalla, and confirmed in appeal by the Additional Sessions Judge, Pathanamthitta, is under challenge in this revision. On the allegation that the revision petitioner herein assaulted the defacto complainant Babu at about 8.30 pm on 23.10.1999, a crime was registered against the revision petitioner in the Perumpetty Police Station as Crime No.100/1999. After investigation the police submitted final report in the Court of the Judicial First Class Magistrate, Thiruvalla under Sections 324 and 326 of IPC. Pending investigation in the crime, the said Babu, who is the 2nd respondent herein, filed a suit against the revision petitioner before the Sub Court, Thiruvalla, for damages, in enforcement of his rights under the Law of Torts. By the time the criminal case came up for trial, the learned Sub Judge decreed the said suit in favour of the plaintiff, granting a compensation of Rs.2.03 lakhs. The said decree is under challenge before this Court in R.F.A.No.564 of 2009. The criminal case against the revision petitioner herein ended in convict









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