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2025 Supreme(Ker) 1885

IN THE HIGH COURT OF KERALA AT ERNAKULAM
KAUSER EDAPPAGATH
Biju, S/o. Vareeth – Appellant
Versus
P.K. Ayyappan, S/o. Kannan – Respondent


Advocates Appeared:
For the Petitioner: Sri. P. Vijaya Bhanu (Sr.), Sri. V.C. Sarath.
For the Respondents: Sri. E.C. Bineesh-SR.PP., Sri. Anandan Pillai, Sri. P.A. Chandran.

Table of Content
1. procedure for trial of related allegations. (Para 1 , 2 , 3)
2. challenges concerning the violation of procedural law. (Para 10 , 11)
3. discrepancy in witness testimonies undermines credibility. (Para 16 , 18 , 19)
4. misreading of evidence warrants intervention. (Para 21)

ORDER :

The revision petitioner, who was the 1st accused in C.C.No.1160 of 2005 on the files of the Judicial First Class Magistrate Court, Perumbavoor (for short, 'the trial court'), challenges his conviction and sentence under Sections 323,324 and 326 of the IPC.

3. The 1st respondent also preferred a private complaint in respect of the very same incident before the trial court against the petitioners and four others against whom the police initially registered the FIR alleging the offences punishable under Sections 323, 324, 326 and 307 read with Section 34 I.P.C. The allegations in the private complaint against the petitioner/1st accused and the remaining four accused are as follows:

4. After recording the sworn statement of the complainant and the witnesses, the trial court took cognizance of the aforesaid offences against the accused Nos. 1 to 5, and the case was taken to file as C.P. No. 3/2003

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