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2021 Supreme(Ker) 1002

KAUSER EDAPPAGATH
C. A. Sherif, S/o. Abdulla – Appellant
Versus
State of Kerala, Represented by the Sub Inspector of Police, Kasargod Police Station, Through the Public Prosecutor – Respondent


Advocates Appeared:
For the Petitioner: Sri. Shaijan C. George, Sri. Abhishek Kurian, Smt. S. Rekha Kumari.
For the Respondent: PP Sri. Sanal P. Raj.

ORDER :

This revision has been directed against the judgment dated 26.10.2010 in Crl.A.No.85/2008 on the files of the Additional Sessions Court (Adhoc) I, Kasaragod (for short “the appellate court”) confirming the judgment in C.C.No.381/1996 dated 15/2/2008 on the files of the Judicial First Class Magistrate-I, Kasaragod (for short “the trial court”).

2. The accused (three in numbers) at the courts below are the revision petitioners. They faced trial for offences punishable under Sections 341 and 326 read with Section 34 of IPC.

3. The prosecution case in short is that, on 8.3.1995 at 5 pm, the accused Nos. 1 to 3 in furtherance of their common intention wrongfully restrained PW1 at a place called Chala in Kasaba town and inflicted grievous injuries by beating with iron pipe and thus committed the offence. According to the prosecution, during the incident, PW1 lost 4 teeth from the upper jaw and 7 teeth from the lower jaw and further sustained fracture at maxilla. The accused appeared at the court below. After hearing both sides, charge was framed against the accused under Sections 341 and 326 read with Section 34 of IPC. The charge was read over and explained to the accused who plead

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