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2026 Supreme(Online)(Ker) 23696

IN THE HIGH COURT OF KERALA AT ERNAKULAM
JOBIN SEBASTIAN, J
HASHIM KAITHAPPARA – Appellant
Versus
THE STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.BABU S. NAIR
For the Respondents: SRI. ALEX M. THOMBRA

Table of Content
1. details of the case and initial findings (Para 1 , 2 , 3 , 4)
2. arguments presented by counsel (Para 5 , 6)
3. court's discussion on evidence and sentencing (Para 7 , 8 , 9 , 10 , 11)
4. final decision and modification of the sentence (Para 12)

O R D E R

This Criminal Revision Petition has been filed under Section

397 read with Section 401 of the Code of Criminal Procedure , challenging the judgment dated 17.09.2011 in Crl. Appeal No. 83/2008 on the file of the Additional Sessions Court–II, Kasaragod, arising out of the judgment dated 29.02.2008 in C.C. No. 441/2007 on the file of the Chief Judicial First Class Magistrate Court, Kasaragod. The revision petitioner herein is the sole accused in the said case.

2. The prosecution case is that on 27.04.2007 at 05.30 p.m., while PW1, a Police Constable attached to Kasaragod Police Station, reached in front of Malabar Gold at Kasaragod to enquire about the incident that occurred there, the accused was found carrying a stone in his hand. When PW1 intervened, the accused caught hold of and tore the uniform shirt of PW1 and hit him below the left eye with the stone. The accused also abused PW1 in filthy language and obstructe

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