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1990 Supreme(SC) 470

B.C.RAY, S.R.PANDIAN
Chandran @ Surendran – Appellant
Versus
State Of Kerala – Respondent


Advocates:
A.S.NAMBIYAR, RENU GEORGE GUPTA, S.K.DHINGRA, T.T.KUNHIKANNAN

Judgment

S. RATNAVEL PANDIAN, J.:- These two appeals are preferred by the two appellants who were jointly tried before the Court of Session, Kasargod in Sessions Case No. 83 of 1986 under seven charges framed under Sections 449, 457, 458, 392, 397, 307 and 302 read with Section 34 of the Indian Penal Code on the allegations that on 11-1-1986 after sunset and before sunrise in furtherance of their common intention committed criminal trespass by entering into the building belonging to PW 7 (Parvathi Amma) and brutally attacked Pushpa and Gopalakrishna resulting in their death in the course of the commission of robbery and also caused injuries to PWs 7 and 8 by beating them with a spade. The case of the prosecution as unfolded from the evidence in brief is as follows:

2. PW 7, her son PW 8, daughter Pushpa (the deceased herein) and a relation by name Gopalakrishna (another deceased in this case) were residing in the house of PW 7 in Kudlu village, adjoining Kasargod town in Kasargod district. This district is at the northern end of Kerala State and adjoining the Karnataka State. The house was a small one consisting of two rooms and one verandah with two doors on both sides. The walls of































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