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2004 Supreme(SC) 1467

B.P.SINGH, ARUN KUMAR
State Of Kerala – Appellant
Versus
Nazar – Respondent


JUDGMENT

B.P. Singh, J.-Criminal Appeal No. 1043/99 has been preferred by the State of Kerala while Criminal Appeal No. 1044/99 has been preferred by YesuDas @ Tommy, who was accused No. 1 in the trial. Both the judgments are directed against the common judgment and order of the High Court of Kerala at Ernakulam dated 22.7.1993 whereby the High Court disposed of several appeals preferred by different accused including appeal filed by YesuDas @ Tommy, the appellant in Criminal Appeal No. 1044/99. It appears that during the pendency of the appeal before this Court, appellant YesuDas @ Tommy was released on parole but he committed suicide. The appeal preferred by him, therefore, abates. The appeal preferred by the State of Kerala was originally preferred against A2, A3, A5 and A7. This Court granted special leave only against A2 and dismissed the special leave petition as against A3, A5 and A7. We may only notice at this stage that 13 accused had been put up for trial before the court of sessions, Alappuzha in Sessions Case No. 39/96. The trial court by its judgment and order dated 11.12.1997 convicted A1 of the offence under Section 302 IPC and sentenced him to death. A2, A3, A5 and A








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