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2020 Supreme(Online)(KER) 42728

HIGH COURT OF KERALA
P. G. Ajithkumar, J
K.K.SURENDRAN, – Appellant
Versus
STATE OF KERALA – Respondent


JUDGMENT

Dated this the 25th day of November 2020 ...

The appellant is the accused in Sessions Case No.161 of 2005 on the file of the Additional District and Sessions Judge, Fast Track Court (Adhoc)-II, Kottayam.

2. The above case is charge sheeted by the Sub Inspector of Police, Marangattupally against the appellant alleging offences punishable under Sections 308 and 324 IPC. 3. The prosecution case in brief is as follows: On 31.12.2004 in the evening the accused and the injured with their friends decided to celebrate New Year by eating and drinking. The case of the prosecution is that, they purchased one bottle of rum, porottas and four plates of meat curry which they shared in the room of the accused. In the end at 6.30 p.m., the accused demanded PW2 Soji to bear the price of one porotta more. There was a quarrel over this between the accused and PW2. PW3 sided PW2 which irritated the accused. Thereupon, the accused took a knife and brandished it at PW3 who suffered injuries. PW2 intervened and caught hold of the knife which caused injury on his palm. Thereafter, accused Sura left the room. PW2 and PW3 proceeded to the nearby Karunya Hospital and the wound on the hand was sutured.

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