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2024 Supreme(Online)(KER) 26449

HIGH COURT OF KERALA
P. G. Ajithkumar, J
MATHEW JOSEPH @ KUNJUMON – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
GEORGE MATHEWS

JUDGEMENT

The appellant stands convicted and sentenced for an offence under Section 324 of the Indian Penal Code , 1860 ( IPC ). The sentence imposed is simple imprisonment for a period of six months and to pay a fine of Rs.10,000/-. The 1st Additional Sessions Judge, Thodupuzha has rendered the impugned judgment. The appellant was tried on a charge that the appellant owing to the previous enmity followed PW1 and attacked him using MO1 chopper at about 10.00 p.m on 04.03.2010. As a result of his brandishing the chopper, PW1 sustained an incised wound on his head. The trial court after appreciating the evidence tendered by the prosecution which consists of the oral testimonies of PWs 1 to 7 and Exts.P1 to P11 found the appellant guilty for the offence under of the although the charge was for offences punishable under Sections 294(b), 324 and 308 of the .

2. Heard the learned counsel for the appellant and the learned Public Prosecutor.

3. The prosecution essentially relies on the oral testimonies of PWs 1 and 2 to prove its case. PW1 is the injured and PW2 is the occurrence witness. They are friends. PW1 stated that while walking along the road, the appellant followed and attacke

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