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2017 Supreme(Online)(KER) 26903

HIGH COURT OF KERALA
P.UBAID, J
JOSHY SO THOMAS – Appellant
Versus
STATE OF KERALA – Respondent


O R D E R

The revision petitioners herein are the three accused in C.C.No.87/1999 of the Judicial First Class Magistrate Court, Adimaly. They faced prosecution under Sections 294(b), 323, 324 and 326 read with Section 34 IPC on the allegation that at about 8 p.m. on 13.11.1998, they assaulted the de facto complainant Mohanan due to previous enemity, and inflicted simple and grievous injuries on his body by pouring acid on his body, including his face. The crime was registered on the complaint made by the de facto complainant. After investigation, the police submitted final report in court. All the accused entered appearance before the learned Magistrate, and pleaded not guilty to the charge framed against them.

2. The prosecution examined nine witnesses, and proved Exts.P1 to P8 documents in the trial court. The MO1 and MO2 properties were also identified during trial. All the accused denied the incriminating circumstances, when examined under Section 313 Cr.P.C. They did not adduce any evidence in defence.

3. On an appreciation of the evidence, the learned Magistrate found the accused not guilty under Section 294(b) IPC, and they were acquitted of the said offence, but all the three

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