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2024 Supreme(Ker) 863

A. BADHARUDEEN
Chinnappan, S/O Muthuswami – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : ADVS. S.K.PREMJITH MENON, BINU V V VEETTIL VALAPPIL K.SHAIJU XAVIER P.J.STEPHEN, MANEKSHA D.
For the Respondent: SRI.M.P.PRASANTH, PUBLIC PROSECUTOR

ORDER :

A. BADHARUDEEN, J.

This Criminal Revision Petition has been filed under Section 438 read with Section 442 of the Bharatiya Nagarik Suraksha Sanhita, challenging the judgment in Crl.Appeal No.137/2018 on the files of Additional Sessions Court, Thodupuzha, dated 06.05.2024, arising out of the judgment in C.C. No.245/2013 on the files of the Judicial Magistrate of First Class-II, Peerumedu, dated 28.09.2018.

2. Heard the learned counsel for the revision petitioner/accused and the learned Public Prosecutor on admission.

3. In this matter, the prosecution case is that on 07.11.2012 at 10.00 a.m., the accused criminally trespassed into the veranda of PW1's residence bearing building No.174, Ward No.18 of Vandipperiya Panchayat, which forms part of a layam building with an iron pipe, after making preparation to commit offence on account of his previous enmity towards PW1 and his wife Devaki, a deaf and dumb lady and voluntarily caused grievous hurt to PW1 and his wife Devaki by striking with the iron pipe, causing fracture of bone on the right forearm of PW1 and fracture of both bones of the left forearm of Devaki and thus the accused had committed offence punishable under Sections 45

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