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2018 Supreme(Online)(KER) 34941

HIGH COURT OF KERALA
P.UBAID, J
MADHU @ SANKARAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.P.VIJAYA BHANU (SR.), SRI.P.M.RAFIQ, SR.PUBLIC PROSECUTOR SRI.B.JAYASURYA

O R D E R

The revision petitioner herein challenges the conviction and sentence against him under Sections 452 , 324 and 326 IPC in C.C. No.256/1996 of the Judicial First Class Magistrate Court- III, Neyyattinkara. The prosecution case is that at about 8.30 p.m. on 1.11.1993, at a by-lane near the house of one Ravindranath, the accused assaulted one Shabu and his friend Radhakrishnan, inflicted severe injury on the left hand of the said Shabu with a dagger, causing amputation of his thumb, and when Radhakrishnan intervened to rescue Shabu, the accused assaulted Radhakrishnan too. When Radhakrishnan ran off and took shelter at the house of Ravindranath, the accused chased him, trespassed into the said house, and inflicted serious injury on the body of Radhakrishnan also with the same weapon. When the inmates of the house made a hue and cry, the accused ran off and escaped with the weapon in his hands. The police registered the crime on the F.I.Statement given by the said Shabu. During investigation, the police made an attempt to seize the weapon of offence by conducting a search at the house of the accused, but, it failed. However, after investigation, the police submitted final rep

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