IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE JOHNSON JOHN MONDAY, THE 1^ST DAY OF JULY 2024 / 10TH ASHADHA, 1946 CRL.A NO. 2123 OF 2008 AGAINST THE JUDGMENT DATED 05.09.2008 IN SC NO.252 OF 2007 OF ADDITIONAL DISTRICT AND SESSIONS COURT (ADHOC)-II, KOTTAYAM APPELLANTS/ACCUSED 2 & 3:

BENNICHAN JOSEPH NADAKKAL HOUSE, PALKADU BHAGOM, PEROOR VILLAGE.

BY ADV SRI.S.RAJEEV RESPONDENT/STATE:

STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,, ERNAKULAM (CRIME NO.137 OF 2007 OF, ETTUMANOOR POLICE STATION)

SRI. VIPIN NARAYAN, PUBLIC PROSECUTOR THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 24.06.2024, THE COURT ON 01.07.2024 DELIVERED THE FOLLOWING:

JOHNSON JOHN, J.

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Crl. Appeal No. 2123 of 2008 --------------------------------------------------------

Dated this the 1st day of July, 2024.

JUDGMENT

The appellant is the accused in S.C. No. 252 of 2007 on the file of the Additional District and Sessions Judge (Adhoc-II), Kottayam and he is challenging the conviction and sentence imposed on him for the offence under Section 326 IPC.

2. The prosecution case is that the accused was employed as a driver in