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2009 Supreme(SC) 688

ARIJIT PASAYAT, LOKESHWAR SINGH PANTA, P.SATHASIVAM
State of Kerala – Appellant
Versus
Anilachandran @ Madhu – Respondent


Advocates appeared:
For the Appellant :G. Prakash, Advocate.
For the Respondents:Mathai M. Paikeday, Sr. Adv., Shishir Pinaki, Sanjay Jain, Advocates.

JUDGMENT

Dr. Arijit Pasayat, J. —

1. Challenge in this appeal is to the judgment of the Division Bench of Kerala High Court allowing the appeal filed by the respondent. Five accused persons faced trial for alleged commission of offence punishable under Sections 143, 147, 148, 323, 324 and 302 of the Indian Penal Code, 1860, (in short the ‘IPC’).

2. All the accused persons denied their involvement in the crime. Learned First Additional Sessions Judge, Thiruvananthapuram found A1 to A4 guilty, while A5 was acquitted. The following convictions and sentences were recorded:

“A.1 to A.4 are found guilty and A.1 is convicted and sentenced to undergo R.I for one month u/s 341 and also is sentenced to undergo R.I for one year u/s. 323 IPC and is also sentenced to undergo imprisonment for life and also to pay a fine of Rs.20,000/- in default to undergo R.I for 3 years u/s. 302 IPC A2 and A3 are convicted and sentenced to undergo R.I for one month each u/s. 341 IPC and also sentenced to undergo R.I for 3 years each u/s. 324 IPC and also sentenced to undergo imprisonment for life and also to pay a fine of Rs.20,000/- each in default to undergo R.I for 3 years u/s. 302 IPC. A.4 is convicted and













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