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P. B. SURESH KUMAR, P. G. AJITHKUMAR
Sanath Roy – Appellant
Versus
State of Kerala Represented by the Circle Inspector of Police – Respondent


Counsel for the Parties:
For the Appellant:Sarath Babu Kottakkal and Rebin Vincent Gralan, Advocates
For the Respondent: Alex M Thombra, Sr. Public Prosecutor

JUDGMENT

P.B. Suresh Kumar, J.—The sole accused in S.C. No.599 of 2012 on the files of the IV Additional Sessions Court, Thrissur is the appellant in this appeal preferred under Section 374(2) of the Code of Criminal Procedure (the Code). He stands convicted and sentenced for the offences punishable under Sections 449, 302 and 397 of the Indian Penal Code (the IPC).

2. One Jithesh, who gave evidence in the proceedings as PW1 made arrangements for starting a hollow bricks manufacturing unit at a place called Aalumthai on 11.03.2012 and engaged the deceased Pradeep Roy @ Dheeru, a native of West Bengal for the said purpose. The deceased was introduced to PW1 by the accused, Sanath Roy @ Sonu, who is also a native of West Bengal. On 11.03.2012, when PW1 arrived at the unit at about 5.30 a.m. for conducting a religious ceremony in connection with the opening of the unit, he found Dheeru lying on the floor of the office room of the unit in a pool of blood with a cut injury on his neck. On the basis of the information furnished by PW1, Kunnamkulam Police registered a case on the same day under Section 302 IPC. The investigation of the case was taken up later by PW17, the Circle Inspector

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