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2015 Supreme(Ker) 1331

B.KEMAL PASHA
Georgekutty Y. – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. M. Revikrishnan
For the Respondents: Sri. M.K. Damodaran, Sri. Gracious Kuriakose, V.V. Nandagoapal Nambiar, Sri. T. Asaf Ali

JUDGMENT :

B. Kemal Pasha, J.

Ext.P6 order dated 09.06.2014 in W.P.(C) No.9626 of 2015, issued by the Government of Kerala, which is subsequently corrected through order dated 12.11.2014, is under challenge in these writ petitions. W.P.(C) No.9626 of 2015 is treated as the main case. The petitioner in W.P.(C) No.9626/2015 is the de facto complainant/injured in C.C. No. 130/1988 of the Judicial First Class Magistrate's Court, Neyyattinkara.

2. The 2nd respondent in W.P.(C) No.9626/2015, who was the accused in C.C. No. 130/1988 of the Judicial First Class Magistrate's Court, Neyyattinkara, for the offence punishable under Section 326 IPC, was convicted by the said court. A sentence of rigorous imprisonment for two years and to pay a fine of Rs. 1,000/-, in default, to undergo rigorous imprisonment for three more months, was imposed, through Ext.P1 judgment produced in W.P.(C) No.9626/2015. Challenging the conviction and sentence, the accused preferred Criminal Appeal No.43 of 1990 before the Sessions Court, Thiruvananthapuram. The 1st Additional Sessions Court, Thiruvananthapuram, to which it was made over, dismissed the same through Ext.P2, thereby confirming the conviction and sentenc
























































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