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2025 Supreme(Online)(Ker) 50919

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
ANEESH VARGHESE – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.LUIZ GODWIN D COUTH, SRI.BIJO FRANCIS
For the Respondents: SRI.JOSE KURIAKOSE (VILANGATTIL), SRI. SANGEETHA RAJ N.R. PP

ORDER

This revision petition has been filed challenging the conviction and sentence of the petitioner under Sections 341 , 323 and 324 of IPC .

2. The petitioner was the accused in C.C.No.87/2018 on the files of the Judicial First Class Magistrate Court-I, Thamarassery (for short, the trial court). He faced trial for the offences punishable under Sections 341 , 323 and 324 of the IPC .

3. The prosecution case in short is that on 4.8.2017 at 21.15 hours, PW1 and PW2 were going to their house at Vanakkav in an autorikshaw. When they reached Kanjamvayal, the motor cycle driven by PW3 which came from the opposite side fell by hitting on a hump and when PW1 and PW2 stopped the autorikshaw to help PW3, the accused who was standing there watching the incident came and beat PW3 on his face. When the accused again tried to beat PW3, PW2 prevented it and then the accused caught hold of the collar of the shirt of PW2, beat him on his neck and when PW1 tried to prevent it, the accused caught hold of the shirt of PW1 also and beat on his face. Thereafter, the accused beat PW1 and PW2 with a stick and thereby committed the offences.

4. After trial, the trial court found the petitioner guilty for

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