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2026 Supreme(Online)(Ker) 13812

IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. GIRISH, J
KUTTAYI @ MICHAEL S/O. CHERIYAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.P.VIJAYA BHANU (SR.), SRI.V.A.JOHNSON (VARIKKAPPALLIL)
For the Respondents: SRI SUDHEER.G, PUBLIC PROSECUTOR

O R D E R

The concurrent conviction and sentence in C.C No.636/2001 of the Judicial First Class Magistrate Court, Alathur and Crl.A No.54/2006 of the Additional Sessions Court-II, Palakkad, are under challenge in this revision petition filed by the accused in the aforesaid case. The offence proved against the petitioner are under Sections 452 and 326 I.P.C.

2. The prosecution case is that on 21.05.2001 at about 2:15 p.m, the petitioner criminally trespassed into the dwelling house of PW1 and PW2, and inflicted voluntary grievous hurt upon PW2 by hacking with a chopper upon his right leg and left arm. The proceedings were initiated by the learned Magistrate in the final report filed by the S.I of Police, Mangalam Dam.

3. In the trial before the learned Magistrate, the prosecution examined seven witnesses as PW1 to PW7, and brought on record four documents as Exts.P1 to P4. The weapon of offence used for the commission of the crime was identified and marked as MO1. Three documents were marked from the part of the accused as Exts.D1 to D3. After analysing the above evidence, the learned Magistrate came to the conclusion that the prosecution had successfully established the offence und

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