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2025 Supreme(Online)(Ker) 46743

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Kauser Edappagath, J
ASOKAN S/O. SIVARAMAN CHETTIAR, MOHANAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.C.RAJENDRAN
For the Respondents: SRI.E.C.BINEESH-SR.PP

Table of Content
1. details of the charges and conviction. (Para 2 , 3)
2. arguments regarding evidence and sentencing. (Para 5 , 6)
3. court observations on the evidence and jurisdiction. (Para 7 , 8)
4. final decision on sentencing. (Para 9)

O R D E R

This criminal revision petition has been filed challenging the concurrent findings of conviction and sentence under Sections 452 and 323 of the Indian Penal Code , 1860 (for short, 'the IPC ').

2. The petitioners faced trial for the offences punishable under Sections 452 , 323 and 324 read with Section 34 of the IPC before the Chief Judicial Magistrate Court, Kollam (for short, 'the trial court'). The prosecution case, in short, is that the petitioners criminally trespassed into the residential building of the defacto complainant and her husband on 19.12.1997 at 6:00 a.m., assaulted them with an iron rod and thereby committed the offences.

3. Before the trial court, PWs 1 to 6 were examined and Exts.P1 to P5 were marked on the side of the prosecution. No defence evidence was adduced. After trial, the trial court found the petitioners guilty for the offences punishable under Sections 323 and 452 of the IPC and they were convicted for t

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