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2018 Supreme(Online)(KER) 24573

HIGH COURT OF KERALA
SARASAMMA WO SUKUMARAN – Appellant
Versus
THE STATE OF KERALA – Respondent


The revision petitioners herein are the two accused in C.C 548 of

1998 of the Judicial First Class Magistrate Court, Thiruvalla. They are

husband and wife. The incident of assault alleged in this case occurred

in connection with a property dispute between the first accused and his

sister. The two accused faced prosecution before the court below on the

allegation that at about 5.15 p.m on 1/1/1998, at the property in dispute

the two accused assaulted the husband of the sister of the first accused

and inflicted simple and grievous injuries on his body with weapons like

stone, brick and bill hook. The police registered the crime on the first

information statement given by the sister of the first accused who is the

wife of the injured, and after investigation, submitted final report in court

under Sections 447, 294 (b), 324, and 326 IPC.

2. All the accused appeared before the learned Magistrate and

pleaded not guilty to the charge framed against them. The prosecution

examined 10 witnesses and proved Exts.P1 to P8 documents in the trial

court. The MO1 weapon was also identified during trial. The accused

denied the incriminating circumstances when examined under Section

313 Cr.P.C and proje

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