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1999 Supreme(SC) 203

S.RAJENDRA BABU, G.B.PATTANAIK
Vijayan Rajan: K. V. Sadanandan – Appellant
Versus
State Of Kerala – Respondent


`Judgment

Pattanaik, J.-These two appeals are directed against the judgment and order of Kerala High Court dated 21.10.1991 in Criminal Appeal No. 370 of 1986. Vijayan @ Rajan appellant in Criminal Appeal No. 43 of 1992 alongwith Sadanandan-appel­lant in Criminal Appeal No. 753 of 1991 were tried in the Court of Session Judge Ernakulam for having commit­ted the offence under Sections 120B, 109, 447, 302 and 201 read with Section 34 of the Indian Penal Code and also under Sections 35 and 25 of the Indian Arms Act for the murder of Majeendran by means of a revolver. The learned Sessions Judge acquitted both the accused persons. On an appeal being carried by the State, the High Court by the impugned judgment has set aside the order of acquittal passed by the learned Sessions Judge and convicted Vijayan of the charge under Section 302 IPC and Sadanandan of the charge under Section 302 read with 120B(1) of the Indian Penal Code and sentenced each of them to imprisonment for life and hence these two appeals.

2. The prosecution case is that the two appellants entered into a criminal conspiracy to cause death of Majeendran who was residing in the city of Cochin. Pursuant to the said conspir












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