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IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
Basheer, S/o Kutty Rayin – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
The appellants are accused Nos.1 to 3 in S.C No.7/2005 on the file of the Additional Sessions Court, Fast Track-III (Ad hoc), Manjeri. The offences originally alleged against the appellants as per the final report are punishable under Sections 323 and 326 read with Section 34 of the IPC.
2. On the appearance of the accused, the learned Assistant Sessions Judge after hearing the prosecution and the accused framed the charges for offences under Sections 323, 326 and 307 read with Section 34 of the IPC.
3. The prosecution case is that on 30.09.1998 at 8.30 a.m, the appellants/accused on account of their enmity voluntarily caused grievous hurt to PW4, with such intention and under such circumstances that if they by that act caused the death, they would be guilty of murder. The victim suffered depressed fracture at the left frontal bone in the incident.
4. The Trial Court convicted appellant No.1/accused No.1 for the offences under Sections 307 and 326 of the IPC. The Court convicted appellant Nos.2 and 3/accused Nos.2 and 3 for the offence under Section 323 of the IPC. The Trial Court found appellant No.1 not guilty of the offence under Section 323 of the IPC. The Trial Court al
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