IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. GIRISH, J
AJITH – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. facts and lower court judgments summarized. (Para 1 , 2 , 3) |
| 2. dock identification and wound certificate time discrepancy not fatal to prosecution case. (Para 7 , 8) |
| 3. conviction confirmed, sentence reduced as excessive. (Para 9) |
O R D E R
The concurrent verdicts of the Judicial First Class Magistrate Court, Kodungallur, and the Additional Sessions Court (Adhoc) Fast Track-III, Thrissur, convicting and sentencing the petitioner for the commission of offences under Sections 323 & 326 of the Indian Penal Code, 1860 (in short, ‘IPC') are under challenge in this revision petition.
2. The prosecution case is that on 06.04.2000, at about 05:00 p.m, the petitioner wrongfully restrained PW4 and punched him upon the face and other parts of the body, and thereafter, when PW6 tried to prevent the above assault, the petitioner hacked him with a knife, causing fracture of right middle finger and cut injury on the left index finger. In connection with the above incident, the Sub Inspector of Police, Kodungalur, laid the final report alleging the commission of offence under Sections 341, 323 & 326 IPC.
3. In the trial before the learned Magistrate, the prosecution examined seven w
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