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2003 Supreme(SC) 1152

DORAISWAMY RAJU, ARIJIT PASAYAT
Bhargavan – Appellant
Versus
State Of Kerala – Respondent


JUDGMENT

Arijit Pasayat, J.-Appellants question their conviction for offences punishable under Sections 143, 148 and 302 read with Section 149 of the Indian Penal Code, 1860 (in short the IPC ). Appellant Bhargaven was sentenced to undergo imprisonment for life for offence punishable under Section 302 read with Section 149 IPC and to pay a fine of Rs. 60,000/- with default stipulation. The other four appellants were awarded similar custodial sentence but the fine in their cases was Rs. 35,000/- each. No separate sentence was awarded for offences relatable to Sections 143 and 148 IPC. The Kerala High Court by the impugned common judgment dismissed the appeals filed by the appellants confirming the conviction and sentences imposed.

2. Prosecution version as unfolded during trial is as follows:

Chandran (hereinafter referred to as the deceased), a Gulf returned agriculturist while on his way to Panthalam market around midnight between 25.5.95 and 26.5.95 at a Panchayat road at Arunoottimangalam was brutally assaulted. Soon he was lifted to the Government Hospital, Mavelikara. After first aid, he was referred to the Medical College Hospital suspecting head injury. The injured was shifted
































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