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2015 Supreme(Online)(KER) 32083

HIGH COURT OF KERALA
K.RAMAKRISHNAN, J
RAMESH – Appellant
Versus
STATE OF KERALA    Advocate - PUBLIC PROSECUTOR PUBLIC PROSECUTOR – Respondent


O R D E R

Accused Nos.1 to 8 in C.C.No.107/1993 on the file of the Additional Chief Judicial Magistrate Court, Thiruvananthapuram are the revision petitioners herein. The revision petitioners were charge sheeted by the Sub Inspector of Police, Poojappura police station in Crime No.80/1992 of Poojappura police station under Sections 143 , 147, 148, 323, 324, 427 read with Section 149 of Indian Penal Code .

2. The case of the prosecution in nutshell was that on

25.06.1992 at about 10.30 p.m by the side of Tagore road in Trikannapuram ward while PW1 was going through that road in his motor cycle with No.KBV 686, the revision petitioners formed themselves into an unlawful assembly with the common object of attacking him and they assembled there with that object with deadly weapons like iron rod and stick and when PW1 reached there, first revision petitioner shouting that they were waiting for him and had beaten on his head with an iron rod and due to that he fell down and thereafter, revision petitioner Nos. 2 and 3 beat him with stick and others beaten him with hands and thereafter, revision petitioner Nos. 7 and 8 broke the motor cycle and caused damage to the tune of Rs.150/- and the

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