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2023 Supreme(Online)(KER) 26837

HIGH COURT OF KERALA
A. BADHARUDEEN, J
NIKHIL
– Appellant
Versus

STATE OF KERALA – Respondent


Advocates:
K.DILIP, P.BABU KARTHIKEYAN, SRI.G.SUDHEER, PUBLIC PROSECUTOR, SRI.RENJIT GEORGE, PUBLIC PROSECUTOR

COMMON JUDGMENT

IN Crl.APPEAL Nos.1357/2022, 1375/2022, 1377/2022 AND 1378/2022 Dated, this the 19th January, 2023 Crl.Appeal.No.1357/2022 is an appeal filed under Section 14A of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred as, 'SC/ST Act' for short). The appellants herein are the accused Nos.1 to 4 in Crime No.743/22 of Thenhipalam Police Station, where they alleged to have committed offences under Sections 120A, 298, 324, 352, 308 and 506 IPC and Sections 3(1)(r) and 3(1)(s) of the SC/ST Act read with Section 34 of Indian Penal Code. They impugn common order in Crl.M.P. Nos.1754/2022, 1755/2022 and 1782/2022 dated 05.12.2022 on the files of the learned Special Judge, under the SC/ST Special Court, Manjeri.

2. The prosecution case in Crime No.743/2022 in short, is as under:

The appellants herein, who do not belong to Scheduled Caste or Scheduled Tribe community, on 28.08.2022 wrongfully restrained the defacto complainant, who is a member of Scheduled Caste community, called his caste name and abused. Apart from that, they stabbed the defacto complainant with a knife, when the same was defended by the friend of the defacto complain

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