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2007 Supreme(Online)(KER) 31155

HIGH COURT OF KERALA
V.RAMKUMAR, J
MANAF AGED 30 YEARS – Appellant
Versus
STATE OF KERALA – Respondent


ORDER

The revision petitioners four in number stand concurrently convicted and sentenced for all or some of the offences punishable under Sections 326, 324 and 323 read with Sec. 34 I.P.C.

2. The case of the prosecution can be summarised as follows: On 2-3-2000 at about 5 p.m. in the residence of P.W.1 (Muhammed) at Idavilangu the 4 accused persons in furtherance of their common intention to do so trespassed upon his house and voluntarily caused hurt to P.Ws 1 to 4 of whom P.W.2 Sainaba sustained a fracture. The accused have thereby committed the aforesaid offences. The weapon used was an iron rod wielded by A1.

3. The prosecution examined 9 witnesses as P.Ws 1 to

9 and got marked 7 documents as Exts.P1 to P7 and 1 iron rod as MO 1.

4. After the close of the prosecution evidence, the accused were questioned under Sec. 313 (1)(b) Cr.P.C. with regard to the incriminating circumstances appearing against them in the evidence for the prosecution. They denied those circumstances and maintained their innocence. The did not adduce any defence evidence when called upon to do so.

5. The learned Judl. First Class Magistrate - I, Kodungallur after trial, as per judgment dated 16-3-2005 convicted th

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