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1994 Supreme(SC) 969

K.JAYACHANDRA REDDY, M.M.PUNCHHI
Chellappan Mohandas – Appellant
Versus
State Of Kerala – Respondent


Advocates:
BABY KRISHNAN, M.T.George, N.SUDHAKARAN

JUDGMENT

K. JAYACHANDRA REDDY, J.: - These two appeals filed under Section 2 of the SC (Enlargement of Criminal Appellate Jurisdiction) Act read with Section 379, Cr. P.C. arise out of a judgment of Kerala High Court. Chellappan Mohandas alias Mohanan (A-1) and Joseph alias Kunju (A-2) are the appellants in Criminal Appeal No. 288/86 and Kutty Soman alias Somy (A-3) is the appellant in Criminal Appeal No. 207/87. These three accused along with Joseph alias Ponnachan (A-4) were tried for offences punishable under Sections 302/34, I.P.C. by the Additional Sessions Judge, Kottayam and were acquitted. The State preferred an appeal and a Division Bench of the High Court allowed the same and convicted all the four accused under Sections 302/34, I.P.C. and sentenced each of them to suffer imprisonment for life. A-4 has not preferred any appeal in this Court.

2. All the four accused were active workers of the Marxist Communist Party. The deceased Sukumaran alias Suku was an I.N.T.U.C. worker belonging to the Congress (I) group. There were criminal cases between them and in one such case the deceased was acquitted on 20-3-82 a day prior to the present occurrence and that is said to be the im









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