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2024 Supreme(Online)(KER) 48930

HIGH COURT OF KERALA
RATHEESH – Appellant
Versus
STATE OF KERALA REP. BY C.I. OF POLICE – Respondent


ORDER

It is against the concurrent findings of conviction for the offences punishable under Section 332 and 307 IPC, the accused came up. Both the courts below found the accused guilty of the offences punishable under Section 332 and 307 IPC, based on the testimony of PW1 and PW2, which stood corroborated by the testimony of PW3. Though they were subjected to a lengthy cross examination, nothing was brought out and as such both the courts below relied on the oral testimony of the abovesaid witnesses. The injuries sustained are not sufficient enough to lead to death in its ordinary course and that was spoken to by the Doctor examined and the medical evidence adduced. Ext.P2 is the wound certificate. It was also found by both the courts below that PW3 is a probable and natural witness and nothing is there to discredit his version. The transverse incised wound across the right index finger over the distal crease anteriorly and another transverse incised wound across the right middle finger over the middle crease anteriorly are the injuries sustained, which are not on the vital part and may not be sufficient to lead to death in its ordinary course. There is no injury on the vital part

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