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2009 Supreme(SC) 804

M. A. Antony @ Antappan – Appellant
Versus
State of Kerala – Respondent


Advocates appeared:
For the Appellant:K.V. Vishwanathan, M. Gireesh Kumar, Rajeev Nambeesan, B. Raghunath, Khwairakpam Nobin Singh, Advocates, For the Respondent:Amarendra Sharan, ASG, R. Sathish, Amit Anand Tiwari, P. Parmeswaran Advocates.

Judgment :

Dr. Arijit Pasayat, J.

1. Leave granted.

2. Challenge in this appeal is to the judgment of a Division Bench of the Kerala High Court upholding the conviction of the appellant for offences punishable under Sections 449, 379, 380, 302 and 201 of the Indian Penal Code, 1860 (in short the `IPC). Appellant was sentenced to death for the offence relatable to Section 302 IPC, life imprisonment, 7 years imprisonment, 7 years imprisonment for the offence relatable to Section 449, 380 and 201 respectively. No separate sentence was imposed for the offence relatable to Section 379 IPC. For confirmation of the death sentence reference was made to the High Court under Section 366 (1) of the Code of Criminal Procedure, 1973 (in short the `Code). The appellant also preferred an appeal and by the impugned judgment, both the Death Reference and Criminal Appeal were disposed of.

3. The accusations in essence against the appellant are as follows:

On the intervening night of 6th and 7th January, 2001, when inmates of Aluva Municipal Town of Ernakulam District in the State of Kerala were in deep sleep, Manjooran House located in the midst of the town became a scene of ghastly crime. Six member















































































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