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IN THE HIGH COURT OF KERALA AT ERNAKULAM
JOHNSON JOHN, J
GOPALAN – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. accused is convicted under section 326 ipc. (Para 1 , 2) |
| 2. discussion on evidence and arguments presented for appeal. (Para 3 , 4) |
| 3. clarification of revisional jurisdiction constraints and judicial discretion. (Para 5 , 6 , 7 , 8) |
| 4. final decision affirming dismissal of revision petition. (Para 9) |
ORDER
The revision petitioner is convicted for the offence under Section
326 IPC by the trial court. The appellate court confirmed the conviction, but modified the sentence to undergo imprisonment for three months and to pay a fine of Rs.25,000/- and in default of payment of fine, to undergo simple imprisonment for three months.
2. The prosecution case is that on 11.6.2014, at about 2.30 p.m., the accused, because of previous enmity, beat PW1 with a stick on his right shoulder causing grievous hurt and fracture of right clavicle.
3. Heard Smt.Lira A.B., the learned counsel representing the learned counsel for the revision petitioner on record and Sri. Alex M.
Thombra, the learned Senior Public Prosecutor.
4. The learned counsel for the revision petitioner argued that the trial court and the appellate court failed to appreciate the evidence in a proper manner and that as pe
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