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2014 Supreme(Ker) 263

P.UBAID
Latheef – Appellant
Versus
State of Kerala, represented by Public Prosecutor, High Court of Kerala – Respondent


Advocates Appeared:
For the Petitioner:P. Vijaya Bhanu, Senior Advocate, Tony Mathew, Advocate.
For the Respondent: Lilly Leslie, Senior Public Prosecutor.

Judgment

1. The revision petitioner challenges the legality and propriety of the conviction and sentence against him under Section 294(b) Cr. P.C. The crime against him was initially registered under Sections 341, 323, 353 and 294(b) IPC, on the allegation that at about 1.55 pm on 17.6.1998 the revision petitioner wrongfully restrained the defacto complainant, who is a KSRTC driver, in connection with some dispute regarding running time, used abusive words against him in public place, and assaulted him. After investigation, the police submitted final report in the court of the learned Judicial First Class Magistrate, Chittoor under Sections 341, 323, 353 and 294(b) IPC. The revision petitioner pleaded not guilty in the trial court when the particulars of offences were read over and explained by the learned Magistrate, and claimed to be tried. During trial, the prosecution examined six witnesses including the defacto complainant, and also marked Exts.Pl to P4. No evidence was adduced by the revision petitioner in defence. On an appreciation of the evidence adduced by the prosecution, the learned Magistrate found the revision petitioner guilty under Sections 341, 294(b) and 353 IPC.






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