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2020 Supreme(Online)(KER) 34109

HIGH COURT OF KERALA
P. G. Ajithkumar, J
SASIKUMAR, S/O. AYYAPPAN, – Appellant
Versus
STATE OF KERALA, – Respondent


Advocates:
SRI.K.P.GOPALAN NAYAR, SRI.SUNIL CYRIAC, SRI.K.B.UDAYAKUMAR, SR.PUBLIC PROSECUTOR

JUDGMENT

Dated this the 30th day of October 2020 ...

The appellants are the 1st and 2nd accused in Sessions Case No.256 of 2004 on the file of the Additional Sessions Judge (Adhoc)I, Kottayam.

2. The above case is charge sheeted by the Sub Inspector of Police, Erattupetta police station against the appellants and another alleging offences punishable under Sections 341,323,324,326,308 r/w.

Section 34 of the Indian Penal Code ( IPC ).

3. The prosecution case is that on 13.1.2004 at about 12.30 p.m., the accused in prosecution of their common intention to wreck vengeance against CW1 and CW2 wrongfully restrained them at the courtyard of the house bearing door number 49 in Ward No.VIII of Thalanadu panchayat. It is the further case of the prosecution that, the first accused brandished CW1 and CW2 with a chopper causing grievous hurt to CW1 and CW2. It is alleged that, the appellants and the other accused committed the offence under Sections

341,323,324,326,308 r/w.section 34 IPC .

4. To substantiate the case, the prosecution examined nine witnesses. Exhibits P1 to P7 are the documents marked on the side of the prosecution.

5. After going through the evidence and documents, the trial court f

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