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2023 Supreme(Online)(KER) 14371

HIGH COURT OF KERALA
N. NAGARESH, J
SANDEEP RAJ.T – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.M.P.ASHOK KUMAR, SMT.BINDU SREEDHAR, SRI.P.C.GOPINATH, SMT.R.S.MANJULA, SRI.N.R.SANGEETH RAJ, PUBLIC PROSECUTOR FOR R1, SRI.ASIF N. FOR ADDL.R2 AND ADDL.R3.

J U D G M E N T

~ ~ ~ ~ ~ ~ ~ ~

Accused 1 to 3 in SC No.306/2017 on the files of the Court of the Special Judge, Mananthavady are before this Court in appeal invoking Section 374(2) Cr.P.C., aggrieved by the judgment dated 23.06.2018 of the Special Judge, Mananthavady.

2. The accused in Crime No.543/2017 of Sulthan Bathery Police Station were charged with offences punishable under Sections 341 , 323 and 506(i) read with Section 34 IPC and Sections 3 (r)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989. The prosecution alleged that the victims in the case belonged to Scheduled Tribe Community and the accused, in furtherance of the common intention to commit offence on 09.07.2017 at 4.30 pm at the place Kannanthodu, all the accused wrongfully restrained the victims involved in the case, voluntarily caused hurt to them, criminally intimidated them and insulted them by calling their caste name.

3. The prosecution examined PWs 1 to 15 and marked Exts.P1 to P18. The accused were questioned as required under Section 313 Cr.P.C. The Special Judge considered the evidence on record. PW1, the injured de facto complainant deposed that on 09.07.201

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