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2016 Supreme(SC) 1082

V.GOPALA GOWDA, ADARSH KUMAR GOEL
Madathil Narayanan – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Appellants :Siddharth Luthra, Sr. Advocate, S. Udaya Kumar Sagar, Ms. Bina Madhavan, Mrityunjai Singh, Advocates and M/s. Lawyer S Knit & Co.
For the Respondents:Chander Uday Singh, Sr. Advocate, Abdul Latheef M.P., Mohan Kumar B.R., Ms. Mukti Chowdhary, Dr. Sushil Balwada, G. Prakash, Jishnu M.L., Mrs. Priyanka Prakash, Mrs. Beena Prakash and Ramesh Babu M.R., Advocates

ORDER :

1. The present criminal appeal arises from of the impugned judgment and order passed by the High Court of Kerala in Criminal Appeal No. 1768 of 2005 dated 05.11.2009, wherein the High Court reversed the judgment and order passed by the Additional District and Sessions Judge (Ad-Hoc) No. II, Manjeri dated 02.06.2005 acquitting the accused-appellants. The High Court set aside the same and convicted and sentenced the appellants. The appellants have questioned the correctness of the impugned judgment and order passed by the High Court, urging various legal grounds.

2. Our attention was drawn to the judgment and orders passed by the both the High Court and the Trial Court by the learned senior counsel appearing for the parties in justification of their respective submissions. Mr. Siddharth Luthra, learned senior counsel appearing on behalf of the appellants invited our attention to the findings recorded by the High Court in the impugned judgment and submits that High Court held that the findings and reasons recorded by the Trial Court are erroneous in law and accordingly in exercise of its appellate jurisdiction, re-appreciated the evidence on record and came to a different conclu












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