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2016 Supreme(Online)(KER) 33702

HIGH COURT OF KERALA
P.D.RAJAN, J
BALAN NAIR – Appellant
Versus
STATE OF KERALA REP BY – Respondent


O R D E R

This revision petition is filed by the accused against the judgment in Crl.A.No.394/2004 of Additional Sessions Judge, Fast Track (Adhoc II), Kozhikode. He was charge sheeted in C.C.No.952/1999 by the Judicial First Class Magistrate Court, Koyilandy, under Sections.341 and 324 read with Section 34 Indian Penal Code. The learned Magistrate convicted the accused under Sections 341 and 324 read with Section 34 IPC and sentenced to simple imprisonment for six months each under Section 341 IPC, simple imprisonment for six months each under Section 324 IPC and fine of Rs.1,000/- each, in default simple imprisonment for one month each. Against that, they preferred the above Criminal Appeal before Additional Sessions Court, Kozhikode and the learned Sessions Judge dismissed the appeal. Being aggrieved by that, they preferred this revision petition.

2. The charge against the accused is that, on

31.03.1999 at 11.30 p.m., the accused with their common intention, assaulting PW1, A2 caught hold of PW1 and A1 cut on the back side of the head with a chopper thereby committed the offence. Balussery police registered a crime and after completing investigation, laid charge in the Trial Court

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