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2025 Supreme(Online)(KER) 8724

HIGH COURT OF KERALA
M.B. SNEHALATHA, J
MADHUKUMAR – Appellant
Versus
THE STATE OF KERALA – Respondent


Advocates:
SRI.SASTHAMANGALAM S. AJITHKUMAR, SMT.MAYA .M.N-PUBLIC PROSECUTOR

ORDER

Revision petitioners/accused Nos.2 and 3 challenge the judgment of the Sessions Court, Thiruvananthapuram in Crl.A. No.246/2016 by which it confirmed the judgment of conviction and sentence against them in C.C.No.187/2009 of Judicial First Class Magistrate Court I, Nedumangad for the offences punishable under Sections 341 and 324 r/w Section 34 of Indian Penal Code ( IPC ).

2. Prosecution case is that on 12.9.2008 at 10 pm., accused Nos.1 to 4 in furtherance of their common intention to cause hurt to PW7, wrongfully restrained him near Ex-Servicemen Colony and thereafter accused No.3 stabbed him and inflicted injuries on his back and neck. A2 uttered obscene words and pushed PW7. Accused thereby committed the offences punishable under Sections 341 , 294(b), 323 and 324 r/w Section 34 of IPC .

3. Charge against A1 abated. A2 to A4 faced trial. After the trial, the learned Magistrate found A4 not guilty of the offences levelled against him and he was acquitted. A2 and A3 who are the revision petitioners herein, were found guilty of the offences punishable under Sections 341 and 324 r/w 34 IPC . They were found not guilty of the offences punishable under Sections 294(b) and 32

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