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2021 Supreme(Ker) 579

MARY JOSEPH
D. Rajagopal – Appellant
Versus
Ayyappan, S/o. Chellappan – Respondent


Advocates Appeared:
For the Appellant : Sri. K. Gopalakrishna Kurup (SR.), Smt. Sreedevi Kylasanath, Sri. Achuth Kylas, Sri. R. Mahesh Menon, Sri. Deago John K., Shri. Amal Dev C.V.
For the Respondent: Public Prosecuior Sri. E.C. Bineesh.

ORDER :

Challenge is raised by accused Nos.1 and 3 to 5 in these revisions against concurrent findings of guilt and passing of orders of conviction and sentence against them by Court of Judicial First Class Magistrate-I, Kottarakkara (for short 'the trial court') and Additional District and Sessions Judge (Adhoc)-II, Kollam (for short 'the appellate court') in CC No.181/1996 and Crl.Appeal Nos.147 and 149 of 2009, respectively for offences punishable under Sections 323 and 324 read with Section 34 of the Indian Penal Code (for short 'IPC')

2. By virtue of the judgment under challenge, the accused were found guilty for the offence under Section 324 read with Section 34 IPC and convicted and sentenced to undergo simple imprisonment for one year and to pay a fine of Rs.2,500/-each and in default to undergo simple imprisonment for six months each and also found guilty for the offence under Section 323 read with Section 34 IPC and convicted and sentenced to pay a fine of Rs.1,000/-each and in default of payment of fine to undergo simple imprisonment for three months each. On realisation of the fine amount, Rs.10,000/-out of that was directed to be paid to the complainant as compensation u

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