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2008 Supreme(SC) 1162

ARIJIT PASAYAT, MUKUNDAKAM SHARMA
Valson – Appellant
Versus
State of Kerala – Respondent


Advocates appeared:
For the Appellants :E.M.S. Anam, Advocate.
For the Respondent:P.V. Dinesh and Sindhu T.P., Advocates.

Judgment

Dr. Arijit Pasayat, J. —

1.Thirteen persons faced trial for alleged commission of offences punishable under Sections 143, 147, 148, 341, 323, 324 and 302 read with Section 149 of the Indian Penal Code, 1860 (in short the ‘IPC’). All accused persons except A-8 faced trial before the Sessions Judge, Thrissur. By Judgment dated 16.2.1998 all of them were found to be not guilty of the charges and were acquitted. The State of Kerala filed an appeal questioning the acquittal. By the impugned Judgment, the High Court found that accused 1 and 2 were guilty and directed their conviction for offences punishable under Section 302 and Section 324 read with Section 34 IPC and were sentenced to undergo imprisonment for life and pay a fine of Rs.10,000/- each with default stipulation.

2.The appellants had questioned the correctness of the High Court’s Judgment. According to them, the High Court had not kept in view the parameters of appeal against acquittal. It is submitted that even if two views are possible, the view supporting the accused had to be accepted and since the trial Court had precisely done it, there was no reason to interfere with the Judgment of the trial Court.

3.In view of






















































































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