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1999 Supreme(SC) 363

K.T.THOMAS, D.P.MOHAPATRA
MULAVANI KANNAN – Appellant
Versus
State Of Kerala – Respondent


( 1 ) THERE are four appellants who alone were convicted by the trial court out of thirteen persons arrayed before it. But the trial court restricted the conviction to Section 326 read with Section 149 of the Indian Penal Code and sentenced each of them to rigorous imprisonment for five years. They as well as the State have filed appeals and the High Court allowed the State appeal by escalating the offence to Section 302 IPC as against A-2 Kannan and A-5 krishnan @ Chukkru and sentenced them to imprisonment for life. The conviction and sentence passed on A-1 Sreedharan and A-4 Krishnan were maintained without interference.

( 2 ) THE incident which gave rise to the said case happened at about 11. 30 a. m. on 10-2-1982 in and out of the office of the Service Cooperative Society (Bank) of Poothanganam in Kasaragod district. It was the aftermath of political rivalry between the followers of Marxist party and BJP. Tension was prevailing in the locality as between the said two factions for a long time. At the time of occurrence a meeting of the Board of Directors of the Cooperative society was being held. The assailants went there as a gang variously armed and barged into the office of t









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